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Bath & North East Somerset Council

MEETING:

Planning, Transportation and Environment Committee

AGENDA
ITEM
NUMBER

MEETING DATE:

12 July 2000

  

REPORT AUTHOR:

Judith Gradwell, Public Rights of Way Officer

  

RESPONSIBLE OFFICER:

Steve Howell, Head of Transportation, Access and Waste Management

  
 

TITLE:

Cotswold Way National Trail

WARD:

Abbey, Kingsmead, Lansdown, Weston, Bathavon North

BACKGROUND PAPERS:

1. The Cotswold Way submission to the Secretary of State for the Environment

2. Cotswold Way National Trail Implementation Strategy

3. Cotswold Way National Trail Annual Report 1999/2000 and Business Plan 2000/2001

AN OPEN PUBLIC ITEM

1 SUMMARY

1.1 To appraise members of the current position regarding the development of the Cotswold Way as a National Trail.

2 RECOMMENDATION

2.1 To authorise the Solicitor to the Council to sign the Memorandum of Agreement between the Countryside Agency and the Highways Authorities of Bath & North East Somerset, Gloucestershire, South Gloucestershire and Worcestershire attached as Appendix II.

2.2 To request the Resources Co-ordination Committee to legally recognise the existing public rights of way which the Cotswold Way follows on land owned by this Council, numbered 2-6 on the map attached as Appendix I, by formally dedicating the paths as public rights of way.

2.3 To accept the path numbered 4 on the map attached as Appendix I as a publicly maintainable highway.

3. RESOURCE AND CORPORATE POLICY IMPLICATIONS (Where necessary, the views of the Council's Statutory Officers are reflected in the comments below)

3.1 Financial: The financial arrangements for the development and subsequent maintenance of the Cotswold Way as a National Trail are set out in Section 5 of the Memorandum of Agreement attached as Appendix II. The Countryside Agency will fund all improvement works and will meet 75% of future maintenance costs. Maintenance of Public Rights of Way is normally the responsibility of this Council as Local Highway Authority. The contribution by the Agency will ensure that there will be no increase in costs to be borne by B&NES despite the higher standard of maintenance which is appropriate for a National Trail.

3.2 Staffing: The staff time referred to in paragraph 5.2 of the Memorandum forms part of the PROW Officers' duties. The cost of the time of the legal staff in preparing legal orders wil be covered by Countryside Agency.

3.3 Equalities: As the National Trail is developed more sections will become accessible for people with impaired mobility.

3.4 Economic: The economic potential of the Cotswold Way is set out in Part IV Section 3 of the Submission Document.

3.5 Environment: The standard of design of works to improve the Cotswold Way will reflect the national importance of the Cotswold Area of Outstanding Natural Beauty.

3.6 Council wide impacts: The involvement of the Council as landowner (as opposed to Highway Authority) are set out in Section 5 of this report.

3 BACKGROUND AND LEGAL FRAMEWORK

3.1 The 1949 National Parks and Access to the Countryside Act gave the National Parks Commission a specific duty to identify long distance routes. In 1986 this duty passed to the Countryside Commission (now the Countryside Agency).

3.2 In 1992 a feasibility study was undertaken by the Countryside Commission to assess the potential of the existing Cotswold Way as a National Trail. This study was carried out in co-operation with the relevant Highway Authorities, including Avon County Council, and in consultation with District and Parish Councils.

3.3 In 1997 the Countryside Commission presented a formal submission to the Secretary of State recommending that, subject to over 50 proposals for realigning the route, the Cotswold Way be designated as a National Trail. This was agreed by the Secretary of State, and in February 1998 the Cotswold Way was designated as England's thirteenth National Trail.

5 CURRENT POSITION

5.1 Following the designation of the National Trail one of the Council's Public Rights of Way Officers has participated in a Management Group, chaired by the Countryside Agency, to implement the proposals in the Submission Document. The Memorandum of Agreement formalises this arrangement.

5.2 The proposals involve physical works to bring the route upto National Trail Standard, and legal orders to record the route. As regards the latter, the situation is complicated in the B&NES area because no Definitive Footpath Map was prepared for the City of Bath under the provisions of the National Parks and Access to the Countryside Act 1949. To date only four paths have been recorded under the provisions of the Wildlife and Access to the Countryside Act 1981. The simplest way to get a path recorded, is for the landowner to dedicate the path and for a legal event modification order to be made under Section 53(3)(a) of the 1981 Act. The paths shown by a dotted line and numbered 1 to 6 on the attached map cross land owned by this Council.

5.3 The path numbered 4 has been used by the public for many years, but was not in existence in 1949. Therefore, as well as the Council as landowner dedicating the route, the Council as Highway Authority must also specifically agree that it should be publicly maintainable.

5.4 The path numbered 1 crosses the Royal Victoria Park. As a pavement alongside a road this section cannot be recorded on the Definitive Map. However, as the road is not publicly maintainable the road and pavement are not recorded on the Local Land Charge highway records either. Advice is being sought on this problem from the Countryside Agency.

5 CONSULTATIONS

6 CONCLUSIONS

6.1 The Cotswold Way is already extensively used. The opportunities now offered for improving the route, will ensure that both visitors to the area and local residents will be able to enjoy a facility of the highest standard.

APPENDIX II

MEMORANDUM OF AGREEMENT BETWEEN THE COUNTRYSIDE AGENCY AND THE PARTNER HIGHWAY AUTHORITIES OF GLOUCESTERSHIRE COUNTY COUNCIL, BATH & NORTH EAST SOMERSET COUNCIL, SOUTH GLOUCESTERSHIRE COUNCIL AND WORCESTERSHIRE COUNTY COUNCIL FOR THE DEVELOPMENT AND MAINTENANCE OF THE COTSWOLD WAY NATIONAL TRAIL DURING THE IMPLEMENTATION PERIOD, TO BE UNDERTAKEN WITH THE ASSISTANCE OF GRANT AID FROM THE COUNTRYSIDE AGENCY UNDER SECTION 9 OF THE LOCAL GOVERNMENT ACT 1974 AND SECTION 51 OF THE NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949.

Introduction

1. The 1949 National Parks and Access to the Countryside Act gave the National Parks Commission a specific duty to identify and propose long distance routes intended to allow the public to make extensive journeys which, for the most part, do not pass along roads used by vehicles. The Act also empowered the National Parks Commission to fund the establishment and maintenance of these routes.

In 1986 this duty passed to the Countryside Commission, who, in their publication `Paths, routes and trails' adopted the term `National Trail', defined as follows:-

`Paths that have the character and quality to be truly national; allowing an extensive journey on foot, horseback or bicycle and capable of attracting tourist use from home and abroad'.

In 1999 The Countryside Agency was established, bringing together the Countryside Commission and the Rural Development Commission. The Countryside Agency inherited the powers and duties for National Trails as set out in the 1949 and 1968 Acts.

Background

2. Following the designation of the Cotswolds as an Area of Outstanding Natural Beauty in 1966, the AONB Joint Advisory Committee and the Ramblers Association began the process of establishing a recreational long distance footpath.

The Cotswold Way stretches from Bath to Chipping Campden, largely following the escarpment edge of the Cotswold Hills. It passes through 139 recorded sites of historical and archaeological significance, plus 100 recognised sites of nature conservation importance. The total length is 163 km (102 miles). It has been maintained by the local Highway Authorities, with practical assistance from the Cotswold AONB voluntary warden service.

In 1992, a feasibility study was undertaken by the Countryside Commission to assess the potential of the existing Cotswold Way as a National Trail. This included a landscape survey, nature conservation and archaeological assessment, and access study and led to over 50 proposals to realign the route by diverting and creating paths. This was followed by a two stage consultation process; informal consultations established an overall level of support resulting in formal consultations (as required by the 1949 Act).

In 1997, `The Cotswold Way, Submission to the Secretary of State' (CCP 513) was presented to the Secretary of State for the Environment and successfully gained formal approval for the Cotswold Way to be designated as England's thirteenth National Trial in February 1998.

In January 1999, a Cotswold Way National Trail Officer was appointed to take forward a programme of work aimed at bringing the Cotswold Way up to National Trail standard. The objectives, tasks, time scales and priorities for this work are set out in the Implementation Strategy agreed by the Management Group in July 1999.

Objectives

3. The following list of objectives, which are included in the Implementation Strategy are based on the tasks identified in the 1997 Submission Document. These objectives do not preclude the adoption of further opportunities as they arise if they meet the overall ethos of the project and are considered to be of sufficient priority by the Management Group.

3.1. To establish a system for managing the project which encourages all relevant partners to be fully represented, involved in and committed to the development and implementation of the Cotswold Way as a National Trail.

3.2. To oversee the implementation project's budgetary requirements; manage the practical and legal work associated with the implementation phase of the Cotswold Way National Trail.

3.3. To develp oand maintain appropriate IT systems to hold up to date information to assist in the management of the route.

3.4. To monitor the progress of the project implementation and develop measurable indicators.

3.5. To integrate volunteer work into the effective management of the trail.

Management Structure

4. The Cotswold Way National Trail management structure during the implementation phase, years 1 - 5 of the project, will be as follows:-

4.1. Cotswold Way National Trail Management Group - the decision making body for overall guidance of the project - will consist of an officer from each of the following organisations: The Countryside Agency; Gloucestershire County Council; South Gloucestershire Council; Bath & North East Somerset Council; Worcestershire County Council; and in addition a representative from the Cotswolds AONB Partnership as a co-opted member. The option to include other future partners remains open. Meetings are to be held at least four times per year.

4.2. Cotswold Way National Trail Team:

4.3. Cotswold Way National Trail Officer Management Team - comprised of an Officer from the Countryside Agency and from Gloucestershire County Council. Meetings to be held at least six times per year. Responsible for NT Officer post.

4.4. Cotswold Way National Trail Forum - to be developed as a mechanism for consultation with and provision of information for representatives of groups and organisations with an interest in the Trail. Meetings to be held at least once a year.

4.5. Cotswold Way National Trail Working Groups - individual working groups are to be set up as and when necessary, at the discretion of the NT Officer, for time limited periods to focus on specific issues. On site specific issues, local community and land interests will have an opportunity to be involved. On overarching strategic issues, specialists and relevant existing partners will be invited to contribute.

4.6. Local Volunteers - as the statutory basis for funding and maintenance requirements of a National Trail are rather different from those relating to the present Cotswold Way path, the development of a small core group of National Trail volunteers with more specialist skills will be encouraged.

The core team of volunteers would provide an essential system of long-term monitoring and maintenance and would also be involved in some of the practical projects along the Way. An annual programme of practical work would, however, be agreed by the management group and implemented in the most effective way, whether this be through the AONB service, BTCV, Ramblers' Association, National Trust volunteers, local craftsmen or larger contractors.

Funding and Resource Arrangements

5. The following resources are available to the Cotswold Way National Trail for implementation work:

5.1. The Countryside Agency - in recognition of its commitment to and responsibility for National Trails, the Agency will (subject to final approval) be grant aiding the implementation costs at 100% and subsequent maintenance costs at 75%; details as follows:-

5.2. The Highway Authorities - will provide support for the trail as it passes through their geographical area. Details of their role and responsibilities are as follows:-

5.3. Other Partners - for projects which complement the development of the Trail, funding will be sought from other partners as appropriate, such as other local authorities, the Heritage Lottery Fund, and the Regional Development Agency.

5.4. Volunteers - will provide a contribution in kind to the project through hours worked.

This memorandum of agreement will be subject to an annual review by the Cotswold Way National Trail Management Group.

SIGNED:-

Date ...........................................................

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