Ramblers and RMBC work together to maintain and improve the footpath and bridleway network

Agencies work together in an effort to maintain and improve the footpath and bridleway network throughout the Borough

Footpath and Countryside Secretary’s Report

Over the past twelve months the Group has worked closely with our partner agencies in an effort to maintain and improve the footpath and bridleway network throughout the Borough.

We have established a good working relationship with the RMBC Environmental Management Team, the Corporate Enforcement Officers and the Councils Legal Team.

We have also been working “on the ground” with our fellow footpath secretaries at the Rochdale CHA Ramblers and the Peak and Northern Footpath Society and local Bridleway Associations.

It has been a busy year and much has been achieved. My thanks go to you the members, the Committee, and particularly to our own Derek Clutterbuck for his enthusiasm and local knowledge, and Edgar Ernstbrunner, Area Group Footpath Secretary for his advice and experience on legal matters. My thanks also to my opposite numbers, John Oliver at CHA Ramblers and Martin Riley at Peak and Northern Footpath Society both of whom have been very pro-active.

The Main Development

As far as the future of the network is concerned the main development this year was the appointment by RMBC of Richard Chapman, Strategic Planning. Richard has been tasked with carrying out a review of the Definitive Map and the Definitive Statement, and a survey of the entire network consisting of 1,782 Rights of Way. The programme is set out over the next 3 years and it is hoped that the project will be complete by 2016. We will be working with Richard to achieve a system that is accurate and reliable.
On the Ground Successes, Obstructions and Repairs.

Each of our reports whether it is an obstruction or repair to a stile is initially sent by e-mail to the Environmental Management Team at Green Lane in Heywood. The Council allocate the report a reference number and forward it to the relevant department for action. We are then either updated on progress at the quarterly Rights of Way Forums or by the investigating officer making direct contact with us. Most reports are dealt with very quickly but some by their very nature can take time to resolve particularly if there are legal issues. I would hope that the vast majority of the reports we have submitted or been involved with appear somewhere in this report or are mentioned in the regional summary at the end.

Local Township Meetings

During the year we have advised residents with footpath problems and given presentations at local Township Meetings. In September there was an attempt to close an historical highway in Middleton known locally as Cankeys Ginnel.

We gave evidence at the Middleton Township Meeting and the Committee of Councillors supported the Ramblers argument and decided to revoke the original gating order. In October we supported local residents at a presentation to the Middleton Planning Sub Committee in relation to an application to close a well used footpath at Alkrington Green. Once again the Councillors supported us and refused the planning application. The residents are now applying to have the footpath added to the Definitive Map. We also monitor all planning applications on a daily basis and comment on or oppose any that we feel adversely affects the network.

Matters referred to the Secretary of State
Public Inquiries

Not all cases can be resolved so quickly and where there are objections and the issues cannot be resolved locally the Council is legally bound to refer the matter to the Secretary of State for a Public Inquiry to be held. This year there have been 3 such cases. The closure of a footpath in Hopwood, Heywood Footpath 70, has already been referred to the Inspectorate in Bristol and it is expected that a Public Inquiry may well be held in the New Year. Two others matters involving footpaths in the Alkrington Woods area of Middleton are currently with the RMBC Legal team and will be referred to the Inspectorate once the Council’s reports have been finalised. It is expected that the Public Inquiry into these two matters could be held in late 2014 or even sometime in 2015.

Gating Orders

We have seen a large number of these Gating Orders referred to us for comment particularly in the Middleton area. These are applications to gate certain footpaths where crime or anti-social behaviour has been experienced. The Gating Orders effectively close the footpaths during the hours of darkness thereby affording use of the footpath during the day. They are usually referred to as “dusk to dawn” gating orders. Where the key holders (usually the residents) fail to comply with the order by not opening the gates when they should we have objected to those orders and in the case of Cankeys Ginnel in Middleton the original gating order was revoked.

Long Standing Legal Issues

Besides those matters that are referred for Public Inquiry there are always local issues that can take time to resolve. We are currently corresponding with the Council about an obstructed footpath at an abandoned building site at Rainshore Mill in Norden. We are also attempting to divert a flooded footpath at Prickshaw. Both are likely to take time to resolve for a number of reasons.

Legal Action against the Council

Our working relationship with the Environmental Management Team is very good and our reports are in the main dealt with very quickly. Occasionally there have been instances where we have had to serve legal notice on the Chief Executive of RMBC under Section 130 of the Highways Act to ensure “ the job gets done”. This is something we are reluctant to do but where progress has been slow usually
because of the lack of action by the land owner we find that this action has the desired effect. This year we have served notice on the Council in respect of 3 obstruction, one close to Grimes Farm, one on the Rochdale Way above Bethany Lane and one on land west of Watergrove Reservoir. All three were successfully resolved.

Current Enquiries and Reports Not Yet Submitted

We currently have six reports (obstructions and damaged furniture stiles/gates etc) which the Council teams are processing and three reports that we have yet to formally submit for action.

Other Matters

We have also corresponded with various agencies and individuals in respect of planning applications, developments, diversions and closures affecting the Network. We have also advised members of the public who have raised all sorts of issues such as the status of a particular footpath to problems involving dogs, horses and bulls. Too many to mention.