BOROUGH OF POOLE

BROADSTONE, MERLEY AND BEARWOOD AREA COMMITTEE

13 SEPTEMBER 2006

REPORT OF HEAD OF TRANSPORTATION

DEDICATION OF FOOTPATH PORTMORE CLOSE TO FOOTPATH 97, DELPH WOODS

1. Purpose of Report and Policy Content

1.1  To consider dedicating an important footpath link from Portmore Close to Footpath 97, Delph Woods, Broadstone.

1.2  Encouraging walking and satisfaction with public footpaths is part of the Council’s Transportation key objectives.

1.3  Walking helps people keep fit and active which is one of the key ‘striving for excellence’ priorities.

2. Recommendations

2.1   It is recommended that the Council be asked to:

i)  Dedicate the footpath from Portmore Close to Public Footpath 97

ii)  Make a “s31(6) Highways Act declaration and deposit”.

  1. Information

3.1.  When Public Footpath 97 from Merriefield Avenue to Gravel Hill was diverted the Ramblers Association requested a path link from Portmore Close to the new route of Public Footpath 97.

3.2.  The route is already well used and could be ‘claimed’ by the public or the Ramblers Association as a public right of way through 20 years use. The right to use route would be seen as accrued under ‘presumed dedication’. This is where the landowner has taken no action to stop use by the public or indicated that they do not intend to dedicate the land as a public right of way.

3.3.  As the Council owns the land and this is a path dedication there is no legal requirement to undertake consultation or to advertise. The s31(6) Highways Act Declaration and Deposit will act as evidence that the Council does not intend to dedicate any further rights of way on the land shown by the plan. Leisure Services were consulted about this dedication and have no objections.

4. Financial Consideration

4.1  Transportation Services Rights of Way Improvement budget 2007/2008 will be used to make the path ‘fit for use’ (install a ramp from the gate at Portmore Close, signpost and Waymarking posts).

4.2  Transportation Rights of Way Legal Budget will cover the costs of Legal time in preparing and checking the deposit and declaration. There are no advertising costs of making the path declaration.

Appendix A: Description of route to be admitted as a public footpath

Appendix B: Map of route to be admitted as a public footpath

STEVE TITE

Acting Head of Transportation Services

Officer contact:

Bev Lagden, Transportation Services 01202 262060

Nick Woods, Leisure Services 01202 261334

Appendix A: Description of route to be admitted as a public footpath

Portmore Close, Delph Woods to Footpath 97 Path Dedication

Path Description

From Portmore Close GR SZ01248 96942 the path head north for 23 metres to GR SZ01245 96965 just south of a bank to head east parallel to the bank for 54 metres to GR SZ 01300 96975 to then curve south easterly for 34m and meet public footpath 97 at GR SZ 01326 96967.

Limitation: vehicular and pedestrian gate at the start from Portmore Close

Works needed: infill the drop from Portmore Close to the path start to create a slope. Waymarking.

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