BOROUGH OF POOLE

TRANSPORTATION ADVISORY GROUP –THURSDAY 4 FEBRUARY 2009

REPORT OF HEAD OF TRANSPORTATION SERVICES

A DEFINITIVE MAP MODIFICATION ORDER CLAIM FOR A NEW PUBLIC RIGHT OF WAY AT SANDBANKS

PART OF THE PUBLISHED FORWARD PLAN – No

1.Purpose and Policy Context

1.1To consider a proposal to add a new public footpath to the Definitive Map and Statement running eastwards from Public Footpath 82 at the rear of 48 Panorama Road to the small beach.

2Decision Required.

It is recommended that the Portfolio Holder be requested to approve :

2.1The advertising of ‘giving notice’ to the making of a Definitive Map Modification Order to add a new Public Footpath to the Definitive Map and Statement as described in this report

3Background

3.1The Sandbanks Association have submitted a Definitive Map Modification Order (claim) on 18th June 2009 to add a new Public Footpath linking Public Footpath 82 to the small beach at the rear of properties of The Horseshoe, as shown on Appendix A. This route is far shorter than that of previous applications. It is a clearly defined linear route running between Sandbanks Marina and 48 Panorama Road, on Sandbanks Marina property.

3.2It is considered that there is sufficient new user evidence to support the making of the Order

3.3If there are no representations to this advertisement then the order will be made as shown. If there are objections then these can either be resolved directly by officers or alternatively there will be the need to refer the order to the Secretary of State, who may decided to order a Public Inquiry

3.4Previous issues relating to this Footpath 82 spur are shown as Appendix B

4 Financial Implications

4.1The costs of staff time involved in dealing with claims for modification orders, together with for a limited number of instances where a public inquiry is required (which may be in the region of £15-20,000), are funded from the Rights of Way revenue budget.

5Legal Implications

5.1The Borough of Poole as Highway Authority is duty bound to consider any new Definitive Map Modification Orders (Claims) that are submitted to the Borough, under Section 53 of the Wildlife and Countryside Act 1981.

6RISK MANAGEMENT

6.1Refusing the making of the order would mean the Borough of Poole was failing in its duty in respect of dealing with new modification orders.

6.2This could result in the Sandbanks Association lodging an appeal with Defra

6.3 It is possible that the landowner will object to this order, if this occurs than the matter would be referred to the Secretary of State who may ask for a public inquiry.

6.4 The Inspectors decision can be appealed against by either party, so legal costs may escalate.

7.EQUALITIES IMPLICATIONS

7.1The new Public Footpath will be fully accessible to all legitimate users (pedestrians and those using mobility scooters, wheelchairs etc.)

8.CONCLUSION

8.1That the order should be made to resolve a long running dispute between the Sandbanks Marina and the Sandbanks Association

Julian McLaughlin

Head of Transportation Services

Appendix A – Location Plan

Appendix B - Chronology

Appendix C - Photos

Name and Telephone Number of Officer Contact

Sophia Thompson (01202 262060)

Background Papers – none
4 February 2010
TAG040210T3C

APPENDIX A

Location of Public Footpath 82 Spur

APPENDIX B

Chronology for events for Fp82 spur

Date / Description
Nov 1994 / Original Claim from Sandbanks Association (SBA) to Dorset County Council for a link that extended the whole length of the beach.
Application refused on the basis of claimants unable to prove and agree on a linear route
August 2004 / Second claim by Sandbanks Association to the Borough of Poole for a new public footpath linking Public Footpath 82 to the beach.
A much shorter distance than the first claim in 1994
Open Spaces Society expressed their support for the spur path as a Public Right of Way
July 2007 / Sandbanks Marina Company dispute the route of FP82, arguing that it does not go to the foreshore on the definitive map. The Council confirmed that it did.
Sept 2007 / Council refused Sandbanks Association second claim
Sept 2007 / Sandbanks Association wrote to Secretary of State (Defra) to appeal against Council’s decision to refuse.
Ramblers Association supported this appeal
Open Spaces Society supported this appeal
October 2008 / Defra requested Council’s reasons for refusing the application.
November 2008 / Council suggested to Sandbanks Association - on Defra’s advice – withdraw their appeal and that they re-submit a new claim
Sandbanks Association subsequently agreed to withdraw their appeal
June 2009 / Third claim from Sandbanks Association for the spur path. A similar route to the August 2004 claim
October 2009 / Ramblers Association expressing their support for the route

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