Site Visit Record Sheet by jaboxer

VIEWS: 22 PAGES: 11

									                        FOYLE VALLEY GREENWAY


              ACCESS REPORT AND RECOMMENDATIONS

                            PROJECT REF: DER 28


                                 JUNE 2009




Derry City Council
City Engineers Department
98 Strand Road
Derry
WB 10.06.09
                                              FOYLE VALLEY GREENWAY (DER 28)




CONTENTS

1.0   Introduction
      1.1   Statement of Responsibility
      1.2   Summary Case Outline
      1.3   Location
      1.4   Route Description
      1.5   Map Evidence
      1.6   Consultations
      1.7   Land Ownership


2.0   Approach
      2.1   Rationale Supporting a Public Right of Way


3.0   Recommendations


4.0   Appendices




                                                                          2
                                                         FOYLE VALLEY GREENWAY (DER 28)




1.0 Introduction
1.1 Statement of Responsibility
Council has a statutory duty under the Access to the Countryside (NI) Order
19831 to identify, record and protect existing access opportunities along public
rights of way. Council has also wide discretionary powers to help manage and
maintain that access and to establish new access opportunities where they
are needed. These powers and duties conferred under the Access Order are
not available to any other body or organisation. Council formally adopted a
Statement of Intent2 regarding access which allows actions to be identified
that provide options and solutions to access problem areas. Council considers
each case on its own merit and gathers detailed evidence in order to allow
consistency in the decision making process and the application of agreed
recommendations. The overall rationale for action comes from a combination
of considerations including:

      a. The provision of a valuable and cost effective recreational resource
         relevant to the needs of a wide cross section of the local population.

      b. The enhancement of facilities so as to promote a positive image of the
         area.

      c. The full discharge of the Council’s statutory duties and the effective use
         of its discretionary powers under the Access Order.

      d. The striking of an equitable balance between the needs of the public
         and wider community benefits from access provision on the one hand
         and the concerns of residents and landowners on the other.

The Statement of Intent is outlined in Appendix 1.


1.2        Summary Case Outline
As part of ongoing investigations into the presence of Public Rights of Way in
the Derry City Council area and in response to objectives endorsed by
Council in the Derry-Londonderry Access Plan 2009-20143, this report aims to
provide evidence for the assertion of a path between Craigavon Bridge (Grid
Ref C 438 160) and its exit onto the Ballougry Road (Grid Ref: C 389 122) as
a Public Right of Way under the Access to the Countryside (NI) Order 1983.

The traffic free, 7 Km path follows the line of the former Great Northern
Railway that was constructed in 1863 and resurfaced as a Cycle/Pedestrian
path circa 2000. The line of the path diverts northwest from the railway
corridor at Grid Ref. C 394 118 where it crosses land currently held by Council
on a 25-year lease from a private landowner.

1
    http://www.ehsni.gov.uk/access_countryside1983.pdf
2
    ES238/07
3
    ES44/09


                                                                                     3
                                                           FOYLE VALLEY GREENWAY (DER 28)




The path is signed as part of the National Cycle Network Route 92 and the 55
Km long Inis Eoghain Cycleway and is regularly used for pedestrian and
cycling access with an estimated 176,0004 users recorded in 2006.

The path is bounded to the east by the River Foyle and by a mix of residential
properties and agricultural land to the west. There is no evidence that the lane
hosts any services (sewerage etc). The path is currently maintained by Derry
City Council and regularly monitored by Sustrans Rangers for damage and
litter.

The purpose of this paper is to:

          a) Ascertain whether or not the length of pathway between the
             Craigavon Bridge and the Ballougry Road is a PROW, Private
             Lane, Permissive Path or other greenway.

          b) Provide recommendations for Council consideration.
.
1.3       Location

The path runs approximately 7 Km Northwest - Southeast from the Craigavon
Bridge to the Ballougry Road. (Figure 1)




        Figure 1: Location of Path between from the Craigavon Bridge to the
                                   Ballougry Road



4
    Survey of Usage on the Foyle Valley Greenway 2006 (Sustrans)


                                                                                       4
                                                   FOYLE VALLEY GREENWAY (DER 28)




1.4   Route Description
The path is approximately 7 Km long and 3m in width with a tarred finished
surface and a well-established grassed strip on either side. The path starts at
Craigavon Bridge (Plates 1 and 2) passing the Foyle Valley Railway Museum
(Plate 3) and continues parallel to the Foyle Road, through Foyle Road Park
to Coshowen. (Plate 4) From Coshowen, it continues through Daisyfield Park
running parallel with the Letterkenny Road. The path remains on the lower
ground following the line of the River Foyle until Grid Ref. C 394 118 where it
rises northwest for approximately 500m to its exit on the Ballougry Road
(Plate 5 – 6).




 Plates 1 and 2: Entrance to Foyle Valley Greenway from Craigavon Bridge




                                                                               5
                                     FOYLE VALLEY GREENWAY (DER 28)




Plate 3: Path passing Foyle Valley Railway Museum




    Plate 4: Section of Path towards Coshowen




    Plates 5 and 6: Path Exit to Ballougry Road




                                                                 6
                                             FOYLE VALLEY GREENWAY (DER 28)




1.5   Map Evidence
The path is recorded on:
    Viceregal Commission on Irish Railways 1906
    OSNI Sheet 29 Londonderry 1905
    OSNI Sheet 29 Londonderry 1937
    OSNI Plan 36-4 1969 1:2500
    OSNI Plan 36-7 1969 1:2500
    OSNI Plan 36-14 1969 1:2500
    OSNI Sheet 7 Londonderry 1982 1:50000
    Derry Street Map and Gazetteer 2006 1:10000



1.6     Consultations
Northern Ireland Water
No services present along the Path

DRD Road Service
No services present along the Path

British Telecom
No services present along the Path

Northern Ireland Electricity
No services present along the Path

Northern Ireland Housing Executive
No services present along the Path



1.7   Land Ownership
Name:        Mr William Moore
             Ballougry Road
             Derry.
Location:    From Grid Ref. C 394 118 where it rises northwest for
             approximately 500m to its exit on the Ballougry Road
Status:      Land on a 25-year lease to Council




                                                                         7
                                               FOYLE VALLEY GREENWAY (DER 28)




                    Land on 25 Yr Lease




              Figure 2: Land leased from Mr William Moore


Name:       Derry City Council
            98 Strand Road
            Derry.
Location:   From Craigavon Bridge to Grid Ref. C 394 118
Status:     Council; Ownership




                                                                           8
                                                    FOYLE VALLEY GREENWAY (DER 28)




2.0      Approach
2.1      Rationale Supporting a Public Right of Way
The purpose of this paper was to:

         a) Ascertain whether or not the length of pathway between the
            Craigavon Bridge and the Ballougry Road is a PROW, Private
            Lane, Permissive Path or other greenway

         b) Provide recommendations for Council consideration.

Evidence from map records, Statutory Consultations and User Evidence
research illustrate that a Public Right of Way exists over the length of the
pathway between the Craigavon Bridge and the Ballougry Road. Based on
the evidence gathered, it supports that Council now has a statutory duty to
implement the Access to the Countryside (NI) Order 1983, particularly Article
3 regarding assertion of the route as a Public Right of Way.



3.0      Recommendations
Under Articles 3 of the Access to the Countryside (NI) Order 1983 Council has
a duty to:
    Assert, protect and keep open and free from obstruction or
       encroachment any Public Right of Way (Art. 3)

With this in mind the following recommendation to Council is made:

      a) Council assert the pathway between between the Craigavon Bridge
         and the Ballougry Road as a Public Right of Way under article 3 of the
         Access to the Countryside (NI) Order 1983.




                                                                                9
                                                        FOYLE VALLEY GREENWAY (DER 28)




4.0       Appendices
Appendix 1: Public Rights of Way and Access to the Countryside –
Statement of Intent

         Derry City Council recognises the importance of ensuring that a range
          of countryside recreation opportunities exists, both to meet the needs
          of local residents and the wider population and in terms of the
          economic benefits of attracting visitors to the area.

         Derry City Council acknowledges the importance of its statutory duties
          under the Access Order, particularly towards protecting and asserting
          public rights of way.

         Derry City Council acknowledges the value of its discretionary powers
          to enhance, maintain and extend public access opportunities
          throughout the countryside.

         Derry City Council confirms that it has on-going responsibilities towards
          the public rights of way that it asserts and any other access
          opportunities that are established. These include ensuring that paths
          are in a good condition, are clearly signposted and waymarked and are
          adequately maintained so that their use remains sustainable, and a
          more general responsibility to endeavour to resolve any problems
          arising from the public’s use of the countryside.

         Derry City Council wishes to proceed by negotiation whenever it is
          possible to do so and to secure and draw on the widest possible
          consensus of support.

         Derry City Council recognises that, in carrying out its statutory duties to
          protect and assert rights of way or in developing proposals that are in
          the interests of the whole community, it may not always be possible to
          meet the individual wishes of all the landowners concerned.

         Derry City Council will look for ways in which landowners can directly
          benefit from public rights of way or other public access that takes place
          over their land.

         Derry City Council will follow DoE Environment and Heritage guidelines
          outlined in “A guide to public rights of way and access to the
          countryside” whenever it is necessary to take enforcement action to
          protect public rights of way.

         The primary allocation of responsibility within the council for rights of
          way and access issues falls to the Access Officer who will work in
          consultation with City Solicitors and other as when required.




                                                                                   10
Appendix 2: Public Rights of Way and Public Paths etc.

Article 3: Protection and maintenance

(1) A district council shall assert, protect and keep open and free from
obstruction or encroachment any public right of way; and for this purpose a
district council may institute proceedings in its own name.

(2) A district council may, after consultation with the owner of the land
concerned, maintain any public right of way; but this paragraph shall not
relieve any person from any liability to maintain a public right of way.

(3) A district council shall compile and preserve maps and other records of
public rights of way in its district.

								
To top