PURPOSE

1. An application has been received for a diversion of Public Footpath BB15 which passes through the Kingswood Centre (formerly Bembridge School), Hillway Road, Bembridge. The grounds for the application are that the diversion would be in the interests of the owner and lessee of the land by improving the security of the premises and the safety of the students.

DETAILS OF THE APPLICATION/ORDER

2. The applicant is Cliff Walsingham & Company on behalf of Kingswood Educational Activity Centre (the lessee) and Ryde School (the landowner). The diversion order would be made under Section 119 of the Highways Act 1980.

LOCATION AND SITE CHARACTERISTICS

3. Public Footpath BB15 links Hillway Road, Bembridge to the Coastal Path (for site location see Plan 1). For the first 250 metres it passes along an enclosed track known as Jenny Streets Lane, and for the final 145 metres it passes through the premises of Kingswood Centre in the vicinity of their classrooms, accommodation and playing fields (A to D on Plan 1). The proposed diversion would alter the section AD by diverting it around the western side of the buildings and through an area of woodland (ABC on the Plan 1). The diversion would involve the installation of some steps and handrails where there are changes in level, whereas the existing route is flat. The diversion ABC is 55 metres longer than the existing route AD.

RELEVANT HISTORY

4. Factual

Footpath BB15 was recorded on the first definitive map dated 1952. At the time it ran through the campus of Bembridge School and that situation obtained until 1997 when the school closed. Kingswood Centre took over the premises in 1998 and soon began to express concerns about the security of students. This coincided with national concerns about school security. Kingswood have introduced a number of measures to increase security, but have now concluded that a diversion of the footpath is essential.

COUNCIL POLICY

5. The Council has a statutory duty to maintain all its public rights of way in a condition that is safe and fit for public use and to keep an up to date legal record of those paths (the Definitive Map). However, the Council does not have a specific policy in relation to diverting public footpaths which is a power rather than a duty.

Improving the security of the Kingswood Centre would accord with the corporate objective of Creating Safer and Stronger Communities and its associated aims and goals.

FORMAL CONSULTATION

6. Fire Not applicable.

7. Police In favour of the diversion (letter contained in Appendix 1).

8. Relevant Council Departments The Council’s Child Protection Officer supports the diversion (Appendix 2a). The AONB Unit has no objection to the diversion (Appendix 2b).

9. Parish and Town Councils Bembridge Parish Council is in favour of the diversion (Appendix 2c).

10. Local Member In favour of the diversion (Appendix 2d).

THIRD PARTY REPRESENTATIONS

11. Objectors The Ramblers Association object to the diversion (letter contained in Appendix 1).

12. Supporters A letter in support of the diversion has been received from the Commission for Social Care Inspection (letter contained in Appendix 1).

FINANCIAL IMPLICATIONS

13. Cost of processing the diversion order is recoverable from the applicant. Site work is to be paid for by the applicant. However, should the order be objected to, it is likely to require a public inquiry, the cost of which cannot be recovered from the applicant and must be borne by the Council.

LEGAL IMPLICATIONS

14. Under the terms of Section 119 of the Highways Act 1980 the Council may make a footpath diversion order if it appears that it is expedient to do so in the interests of the public, or of the owner, lessee or occupier of the land crossed by the path.

Once made, a diversion order may only be confirmed, either by the Secretary of State or the Council, after considering what effect it will have on the public’s enjoyment of the path as a whole and after being satisfied that the diverted path will not be substantially less convenient to the public. It is also necessary to consider what effect the diversion would have on other land served by the existing right of way. Additionally, it is necessary to have regard to the effect that the new path will have on land over which it passes and land held with it.

The Disability Discrimination Act covers all functions of public bodies and therefore includes the provision of public footpaths.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

15. The Police are in favour of the diversion.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

16. There are no implications under the Human Right Act.

OPTIONS

17. (a) Make an order diverting Footpath BB15 as shown on Plan 1

(b) Make no order

EVALUATION/RISK MANAGEMENT

18. Diverting Public Footpath BB15 in accordance with the application would reduce the risk of criminal activity on the premises and would therefore be in the interests of the owner and lessee of the land. The diverted route is only slightly less direct, but the changes in level is a significant factor. However, the coastal footpath to which BB15 links is itself composed of a number of flights of steps and changes in level. I would therefore expect walkers using BB15 to be prepared for such obstacles. Therefore overall I do not consider the diverted route to be significantly less convenient to the public. Neither can I find any other factors which might affect the public’s enjoyment of the path as a whole or which would have an effect on other land served by the existing right of way, or on land over which it passes, or land held with it.

RECOMMENDATIONS

19. That an order be made under S119 of the Highways Act 1980 diverting part of Public Footpath BB15 at Kingswood Centre, Bembridge as shown on Plan 1 attached to this report. The new footpath to be constructed to the satisfaction of the Head of Engineering Services and at the expense of the applicant. The applicant to pay the Council’s administrative and advertising costs in connection with the making of the diversion order.

BACKGROUND PAPERS

20. File RWA/BB15

APPENDICES

Plan 1 – Site location map

Appendix 1 - the application, which includes the supporting argument, letters of support and a letter of objection. The recommended diversion differs slightly from the application at its southern end, this amendment having been agreed with applicant to take account of site conditions.

Appendix 2a – Letter from the Council’s Child Protection Officer

Appendix 2b – Letter from the Council’s AONB Officer

Appendix 2c – Letter from Bembridge Parish Council

Appendix 2d – Email from the local Councillor to the Council’s Countryside Access Manager

Contact Point : Tim Slade, Countryside Access Manager, tel: 857230, email: [email protected]

DEREK ROWELL

Strategic Director of Economic Development and Regeneration