The Council is aware of concerns regarding Beech Walk bridleway and nearby public footpaths in Standish, specifically relating to the surfacing of previously unsurfaced tracks.
The information below gives answers to the most frequently asked questions and explains the current situation.
Do the council own the land?
No section of the tarmac falls within an area of council owned land. It is our current understanding that all sections of the track are within private ownership. This is based on the information available to us and should not be taken as a definitive legal position.
A large section of Beech Walk remains unregistered, details of ownership on other impacted sections can be found through a Land Registry Search (external link).
What public rights of way exist on the surfaced tracks?
There is a recorded public bridleway along the length of Beech Walk. The track running past the entrance to Beech Crescent, from Beech Walk towards Standish Hall Farm, is recorded as a public footpath. The track from Arbour Lane towards Standish Hall Farm is recorded as a public footpath.
What advice have the council provided on materials?
The council has responded to requests for information and advice on materials that we would deem suitable for bridleways based on what have been used on other bridleways across the borough, including within the Standish Area. The guidance document issued by the British Horse Society was also provided.
Where a private landowner exists, they would be the relevant party to grant any permissions for access or changes to the surface (notwithstanding any planning requirements).
It is our understanding that works currently taking place along Beech Walk are intended to bring the route up to a standard comparable with 'The Line' bridleway in Standish, which has been used as a benchmark for suitability.
Why has tarmac been used on a public right of way?
Tarmac is commonly used on both public footpaths and bridleways. There is no specific legislation prescribing drainage or surface specifications for public rights of way; the key requirement is that the route remains safe, usable, and unobstructed.
The decision to surface the tracks was not the decision of Wigan Council.
Why have large stones been placed on the bridleway?
We are aware of the placing of large stones at the Beech Walk/Green Lane end, and we are reviewing these in relation to whether or not they would be classed as an obstruction of the bridleway.
We will also consider whether or not they are of benefit to residents in that they deter motorists from using Beech Walk as a 'cut through'.
It has been indicated that these stones can be a temporary measure and have been placed there to try and alleviate the 'cut through' concerns.
Your website states that is an offence to disturb the surface of a right of way
Under the Highway Act 1980, a person who, without lawful authority or excuse, so disturbs the surface of public right of way as to render it inconvenient for the exercise of the public right of way is guilty of an offence and liable to a fine.
Our view is that the new surface doesn’t make it inconvenient for use and therefore this is not classed as disturbance. Also, approximately 100 metres of the public bridleway was already a tarmac surface.
The tarmac will encourage vehicle usage
The presence of a public footpath or bridleway does not prevent lawful motorised use where private vehicular rights exist.
The frequency of vehicle movements or the type of vehicles used has no bearing on this consideration: any intensification of a lawful private vehicular access is not an area of enforcement under the Highways Act.
Does the presence of vehicles restrict the use of the bridleway for others?
No, this isn’t the case, and In locations where the available width is restricted, vehicle users are required to comply with the Highway Code and to give adequate time and space to more vulnerable users, as is expected on any area of unsegregated shared use.
The council does not have powers to enforce speeding or inconsiderate driving behaviour, and these should be directed to Greater Manchester Police.
Questions that are still being considered are:
- Has planning permission been approved for the surfacing works?
- Has planning permission been granted for the slurry store at Standish Hall Farm?
- Has the importation of slurry to Standish Hall Farm been considered?