amendments to the final draft core paths plan and the untryside acc ss network asset managem

129 Pages·2010·6.09 MB·English

Report Planning Housing and Environment Services Committee 9 November
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AMENDMENTS TO THE FINAL DRAFT CORE PATHS PLAN AND THE
UNTRYSIDE ACC SS NETWORK ASSET MANAGEM
I. Purpose of Report
1.1 The report seeks to update members on the development of the Core Paths Plan for
Dumfries and Galloway, following the Formal Consultation period held in 2009.
1.2 The report provides a detailed breakdown of the 568 comments received during the
Statutory Consultation period and the work by the Access Team to respond to, resolve and
reduce the number of objections lodged against the plan as part of the planning process
(Appendix 1)
1.3 The report highlights in the attached Countryside Access Network (CAN) Asset
Management Plan the financial implications of the Core Paths Plan for Dumfries and
Galloway and the mechanisms in place to reduce expenditure on the maintenance of the
network (Appendix 3).
2. Recommendations
Members are asked to:-
2.1 approve the proposed amendments to the final draft core paths plan as detailed on
Briefcase and the printed copies located in the political group and grouping rooms in
Council Buildings;
2.2 agree that officers continue to negotiate with objectors until the final draft core paths
plan is submitted to the Scottish Government with a view to reducing the number of un-
withdrawn objections;
2.3 agree to submit the final draft core paths plan to the Scottish Government with all
associated information required under the Land Reform Act 2003 including all unresolved
objections by 22 November 201 0;
2.4 agree to receive a further report on the amendments and variations as directed by the
Scottish Government on the Core Paths Plan; and
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2.5 note the Countryside Access Network Asset Management Plan.
3. Considerations
Amendments to the final draft Core Paths Plan
3.1 A Core Paths Plan for Dumfries and Galloway is required under the Land Reform
(Scotland) Act 2003, and the public must be consulted on the draft plan under section
18(1) of the Act. A code of practice governs procedures in the case where objections have
been made to a core paths plan. This code of practice states that a valid objection must
be submitted in writing within the due time period and require a change to the core paths
plan.
3.2 The representations received during the statutory public consultation period were
either comments, which could be negative or positive but did not require a change to the
plan, or objections which required a change to the plan. Some respondents submitted a
negative comment which they regarded as an objection, for example, a criticism of the
Land Reform Act, but unless they required a specific change to the plan this would be
Report Planning Housing and Environment Services Committee 9 November 2010
considered as a comment, not an objection. Others suggested changes to the plan which
they regarded as comments, and would not object to the plan on the basis that their
suggestion was not taken up.
3.3 Dumfries and Galloway Council focused on trying to resolve objections through
management solutions or amendments to the plan. As there is no additional phase for
consultation in the process laid down in the guidance, emphasis was placed on consulting
with community councils or groups or individuals with specialist knowledge as part of the
resolution process. This process took a year.
3.4 549 representations were received during the statutory consultation period, of which
338 said that the Dumfries and Galloway Council draft Core Paths Plan was ‘sufficient to
give reasonable outdoor access throughout Dumfries and Galloway’. In addition, 19 new
responses were submitted relating to matters which arose following the statutory
consultation, for example, where an objection was made on the grounds that a certain path
had been omitted from the plan and the land-manager objected to its subsequent
proposed inclusion. Therefore a total of 568 comments were made on the draft plan.
3.5 124 responses requested changes to the plan but were withdrawn following dialogue
with council staff. 277 resulted in changes being proposed, some of which would refer to
one change being proposed as a result of multiple requests. Maps and details of all the
proposed changes have been deposited in Briefcase and a hard copy is available in each
political group and grouping room in Council Buildings.
3.6 Three responses were received which related to ‘aspirational core paths’, that is,
routes which are not being proposed as core paths and as such do not form part of the
draft Core Paths Plan; these have been recorded as comments.
3.7 A total of 25 issues remain unresolved, relating to 90 objections which have been
made and not withdrawn, and where the council is not recommending a change to the
plan. These ‘un-withdrawn objections’ are as follows:
District Name SCR numbers
Wigtownshire Port Logan Fish Ponds 325, 322, 221 , 531
Wigtownshire Port Logan Link 2266 530
Wigtownshire Dunragit school route 542
Wigtownshire Boreland Plantation near 579
Newton Stewart
Wigtownshire Broadstones Wood, 580
St ranr aer
Wigtownshire Killantringan, North Rhins 592, 593
Wigtownshire Balloch Wood, Creetown 582
Wigtownshire Lovers’ Walk, Wigtown 594, 595, 596, 597
Stewartry Livingstone Hill near 180
Glenlochar
Stewartry Barscobe near Balmaclellan 218, 220, 271, 272, 287, 317, 340, 396,
397,422, 176, 591
Stewartry Cornharrow midway 569
Report Planning Housing and Environment Services Committee 9 November
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between Carsphairn and
Mo ni a ive
429, 430, 431, 432, 433, 454, 455, 456,
Eskdale
Annandale & Kirkhill, Dalton 184
Eskdale
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Annandale & Lockerbie area
Eskdale 424
3.8 Each response to the statutory consultation on the Dumfries and Galloway Council
draft Core Paths Plan was given a reference number, a statutory consultation response
(SCR) number, for internal use. Some routes or issues have multiple objections but are
dealt with as if they are one objection, as there is only one investigatory process to be
gone through.
3.9 There were three co-ordinated responses to the draft plan. Multiple representations
were made with regard to access in the South Rhins, based on the sporting interests of
Logan Estate and Ardwall Estate and an ongoing dispute about the privacy zone. The
owner of Logan Estate subsequently agreed some amendments to the plan and withdrew
his objections. A total of 242 objections were lodged as part of this co-ordinated response,
35% of which were from outwith Scotland. 11 objections were confirmed, all regarding
Logan Estate. 124 were withdrawn. 107 failed to respond to repeated requests either to
confirm or withdraw objections, and were therefore notified that they would be considered
as withdrawn. 9 of these were returned as addressee unknown and one rang to say he
hadn’t made the representation attributed to him.
3.10 Multiple representations were also made in regard to Barscobe, near Balmaclellan
and Cairn Valley near Dunscore, although the majority of these respondents were local
residents.
3.1 1 There was an overall reduction in the total distance of paths proposed for designation
following the public consultation. At the time of writing proposed core paths in Dumfries
and Galloway total 1,869km, less than the 2,005km identified in the draft plan. There is
likely to be further variation in this when the Scottish Ministers’ directions are implemented.
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Report Planning Housing and Environment Services Committee 9 November 201 0
3.12 The files relating to these ‘un-withdrawn objections’ and amendments to the final
draft Core Paths Plan have been deposited in the political group rooms in Council Offices,
English Street, with an electronic version of the material available on the Council Website
for members of the public following committee approval.
inancial implications
3.13 The Management and operation of the Core Paths Plan includes all associated route
infrastructure, such as bridges, gates and path surfaces which are required to support
nature based tourism in Dumfries and Galloway, the implications of this are defined in the
Countryside Access Network Asset Management Plan.
3.14 The development of the Core Paths Plan has been delivered through the existing
service budget, which has facilitated the statutory consultation and the associated
production costs. The remaining costs associated with the Core Path Plan will be the
publication of the plan once approved by the Scottish Government; it is proposed that in
order to reduce the associated costs that copies of the plan will be available to purchase
by the public with electronic copies available online.
3.15 Officer time will be required to facilitate the implementation and publication of the
Core Paths Plan which can be provided without prejudice to other duties and is in accord
with Service and Council Priorities, Council Priority four “We will support and stimulate our
local economy” and priority six “We will protect and sustain our environment”. In addition it
discharges the Councils Statutory duty to produce a Core Paths Plan Sections 17, 18 and
20 of the Land Reform (Scotland) Act 2003.
Countryside Access Network Asset Management Plan
3.16 The purpose of this document is to set out an approach for Dumfries and Galloway
Council for the management of its Core Path Network and associated assets. The
document is based on the guiding principals within the County Surveyor Society (CSS)
framework document for Highway Asset Management Plans and Asset Management
beyond roads, the document will be focused and shaped with best practice advice from the
Paths for All Partnership. This document represents the first Countryside Access Network
Asset Management Plan (CAN) for Dumfries and Galloway Council, and is primarily
focused on the core path network and associated infrastructure. The wider path network
and Rights of Way will be reviewed in subsequent versions when significant baseline
information is acquired and evaluated.
3.17 The plan recognises that path asset managemenVmaintenance has been a long term
concern for members so the CAN will enable an asset management system to be
developed for managing the path network and associated assets on a long-term basis
using whole life costing within a framework of statutory requirements, customer
expectations and sustained funding.
3.18 The CAN provides the basic framework of information which supports the
implementation and development of the core paths plan.
3.19 The Council has developed the CAN to enhance the current approach to the
management of the path network infrastructure, contributing to more effective service
Report Planning Housing and Environment Services Committee 9 November
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delivery improving the services ability to meet national and local indicators and objectives
and the customers needs.
3.20 The requirement for policy integration is a fundamental principal of the duty of Best
Value. The Countryside Access Network Asset Management Plan contributes to the
strategic aims and objectives within the Single Outcome Agreement, Corporate Priorities
and directorate strategic and operational plans, linking these with the legal requirements
under the Land Reform (Scotland) Act 2003 and the Countryside (Scotland) Act 1967 and
best practice.
3.21 The development and management of Countryside path networks is not a new
responsibility, under the Countryside (Scotland) Act 1967 local authorities where provided
mechanisms for the development, maintenance and general upkeep of the Rights of Way
network, further amendments to the Countryside (Scotland) Act have retained the powers
for local authorities to undertake routine maintenance and remove any encroachment or
obstruction encountered.
3.22 Through the development of the Access Strategy, Dumfries and Galloway Council will
effectively create a Management Strategy for the Countryside Access Network across the
region. Historically the Economic Development Service has secured the upgrading of
existing footpaths and key routes through the Capital Maintenance Block Funding
effectively managing the growing path network through a Capital Investment Strategy.
3.23 The Land Reform (Scotland) Act 2003 again places the power of maintenance and
management with local authorities for the Core Paths Network but in addition allocates
within the legislation and guidance on its implementation that local authorities will have a
proportionate liability for the Core Paths Network, as these routes are to be signed and
promoted.
3.24 In order to minimise the potential for any future claims or actions to be brought
against Dumfries and Galloway Council a Monitoring and maintenance regime is required
to meet the minimum route standards;
Dumfries and Galloway Council as the Access Authority will manage, maintain and
enhance its network of Countryside Access Routes. The Council will;
Ensure that the Council’s Countryside Access Network is kept safe, usable and
sustainable
Ensure that the Countryside Access Network contributes to support the delivery of
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Economic development across the region
Work with partners and stakeholders to manage the Countryside Access network
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efficiently and deliver a sustainable customer focused path maintenance service.
3.25 Future maintenance and management of the Countryside Access Network will be
prioritised and delivered through the Access team, with each individual access officer
responsible for the service delivery and management of the Countryside Access Network
within there operational area, Wigtown, Stewartry, Nithsdale and Annandale & Eskdale.
This allows the integration of other local partners and stakeholders to assist with the
management of the CAN and greater local ownership of the routes by the local
communities.
Report Planning Housing and Environment Services Committee 9 November 201 0
Financial Implications
3.26 The value of the Capital Asset is defined in Appendix 3, providing a breakdown of
the existing value of the infrastructure in place along the core paths network and the value
of the required infrastructure to bring the network to suitable standard.
3.27 Through the continued use of the Capital Maintenance Block Funding the required
infrastructure will be prioritised against the budgetary allocation, external funding sources
will be identified against individual schemes to reduce the overall cost of installing the Core
path Network.
3.28 Through the careful selection and sourcing of products and the design and
implementation of path schemes it is anticipated that the resultant revenue implications
can be reduced.
3.29 As part of the benchmarking work undertaken the service has viewed the associated
maintenance costs for path networks internally and externally, with figures from f0 .12 5 per
meter annually to f2.75 per meter annually. Based on the benchmarking the annual cost of
maintaining the entire Core Path Network some 1869km in Dumfries and Galloway is
estimated at f233,625.F urther details are available in Annex B of Appendix 3
3.30 This figure must be regarded as indicative only and applies to the total estimated cost
for the maintenance of the entire Core Path Network, given the current landownership and
other land management schemes in operation it is likely that the Council will not have a
lead role across at least 40% of the entire network reducing the annual maintenance cost
to f 140,175.
3.31 Other schemes to maintain the network are being explored to ensure that the cost to
the Council of the maintaining the network are kept to a minimum these are the use of the
Criminal Justice Work Squads, in house Footpaths Rangers, the use of Volunteers. The
existing resources allocated to the maintenance of the network currently stand in the
region of f9,000o f work delivered through the Criminal Justice work squads cutting
annually in the region of 70km of path and f50,000c ontribution from the Economic
development service with a Footpath Maintenance Ranger and revenue funding.
3.32 At present there is a funding shortfall of f48,300a nnually for the existing network
with the work implemented to support the development of the Core Paths Plan this is likely
to increase to approximately f8 1,175a nnually. Ongoing mitigation actions are being
developed to reduce the shortfall, these include; increasing external funding, volunteer
support and the realignment of service budget allocations.
3.33 It is important to realise that while access to individual paths has in itself an intrinsic
value the real value of Dumfries and Galloway Council’s path network and associated
infrastructure (bridges, gates, etc) lies in its ability to deliver a truly fundamental
contribution to our overall tourism product for Dumfries and Galloway. The asset provides
the foundation of routes and networks which support local tourism related businesses
through a range of services and products and the associated health and community
benefits which are resultant from people being able to access local countryside path
networks. Our “Outdoor activity product” also has been designed alongside our other
natural/cultural assets (Events strategy, Nature Tourism, Theme Towns, Mountain Biking,
Biosphere, Darks Skies etc) to position Dumfries and Galloway as a national linternational
Report Planning Housing and Environment Services Committee 9 November
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destination with a growing reputation. These assets are not simply about paths, but
underpin the Council’s support for key sectors as outlined in our Regional Economic
Strategy and South of Scotland Competitiveness Strategy.
3.34 The economic value of Countryside Access related tourism at a national level has
been summarised as 384.2 million recreation trips in Scotland, with a value to the
economy of f2.8 billion, with walking in the countryside the most popular recreation activity
as outlined in the recent Scottish Recreation Survey 2008.
3.35 Visit Scotland have defined that in 2009 E143 million was brought into the local
economy of Dumfries and Galloway, based on the people counters that are located across
the region it could be estimated that those tourists coming to Dumfries and Galloway for
Countryside Access related tourism (walking, cycling, horse -riding) contributed in the
region E40 million to the local economy in 2009,t his is based on 251,000t rips to the
region supporting over 1 million beds nights. With the existing path network providing
additional activities for those who had already chosen Dumfries and Galloway as a visitor
destination.
3.36 In addition to the economic benefits there are significant social and health benefits
that can be linked to the development and maintenance of a Countryside Access Network,
“Increasing the opportunity and promoting a path network is likely to have long term
benefits for local residents and visitors reducing the pressures on the health and social
care systems within the region” - Scottish Executive Physical Activity Task Force, 2003
lets Make Scotland More Active: A strategy for physical activity.
3.37 Officer time will be required to facilitate the implementation and development of the
Core Paths Network which can be provided without prejudice to other duties and is in
accord with Service and Council Priorities] Council Priority four “We will support and
stimulate our local economy” and priority six “We will protect and sustain our environment”.
In addition it discharges the Councils Statutory duty to produce a Core Paths Plan Section
of the Land Reform (Scotland) Act 2003.
4. Governance Assurance
The 0p er at ions Managers Accountancy and Economi c Development, Developm ent
Planning and Environment Service Manager and the Outdoor Access Forum have been
consulted and are in agreement with the information contained in this report.
5. Impact Assessment
The plan presented for consideration in this report has been considered using the
Council’s impact assessment screening tool. The summary sheet is attached as
Appendix 2. The recommendations have been completed as follows mitigating action to
reduce the impact of paths in sensitive locations have been outlined within the Strategic
Environmental Assessment] and will involve the use of the most appropriate route and
materials during the construction phase to minimise disturbance and impact.
Report Planning Housing and Environment Services Committee 9 November 201 0
NAME DESI G NATION CONTACT DETAILS
Simon Fieldhouse Principal Officer 01387260245
Countryside and
Envir onrnent
NAME DESIGNATION SIGNATURE
Tony Fitzpatrick Director Economic
Regeneration
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Appendices 3
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Appendix 1 Summary of Representations
Appendix 2 - Summary of impact Assessment Screening Core Paths Plan
Appendix 3 - Countryside Access Network Asset Management Plan
ackground Papers
Planning, Housing and Environment Services Committee 8 September 2009 :
CORE PATH PLANNING PROGRESS UPDATE
Planning, Housing and Environment Services Committee 11 November 2008 :
CORE PATH PLANNING PROGRESS REPORT
Planning Housing and Environment Committee 12 July 2005 : PROGRESS
CORE PATH PLANNING PROGRESS REPORT
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REPORT COUNTRYSIDE AND ENVIRONMENTAL PROJECTS

atio
Dumfries and Galloway Council held a public consultation on the draft core paths plan from the 13th of July
to the 2nd of October 2009 as required by section 18 of the Land Reform (Scotland) Act. 549 responses to the
consultation were made, 471 of which suggested changes to the plan.
Dumfries and Galloway Council agreed amendments in response to 277 of these comments. The following
tables show a summary of each comment and the response made.
Please see www.dumgal.gov.uk/index.aspx?articleid=7012f or futher map details.