Minister sets deadline for council to decide on status of footpath to beach

The Environment Secretary has set Dorset County Council a deadline to decide whether it should modify its definitive map and statement of public rights of way so as to add a footpath to a beach on Portland Harbour.

Campaigners had applied to the council for modification in October 2014, but it emerged that the authority was unlikely to take a decision until 2019.

Applying to the Planning Inspectorate for a direction, a Dr Dobbs said a set of steps to Castle Cove Beach had been removed (by Weymouth and Portland Borough Council) in 2013.

Dr Dobbs argued that the continued use of the claimed route without the steps was causing severe erosion of the hillside making it dangerous and more difficult to replace the steps once the right of way was established. The route could ultimately be lost by default due to the delay, they added.

Supported by 79 witness statements, the submission said the route was used by hundreds of people and was the only means of public access to the beach.

In response, Dorset said the application was 37th on its waiting list. It was anticipated that at the current rate of progress the investigation would commence in three to four years.

The council said it saw no reason why the Castle Cove Beach application should take priority over any of the cases currently ahead of it in the list.

However, the Environment Secretary directed the county council to determine the application by not later than 17 July 2017.

In its decision letter the Planning Inspectorate said the potential risk to the claimed route due to erosion was a special circumstance that should be afforded some weight in considering the application for a direction.

The same also applied to the potential safety implications arising out of the continued use by the public, it added.

The decision letter noted as well that issues potentially arose in relation to the loss of valuable evidence over a period of time, and that the applicant’s concern about the availability of witnesses was considered to have some merit.

The high number of users also brought into play one of the items (item 6) in the council’s statement of priorities.

The Planning Inspectorate concluded: “The Secretary of State is of the view that the anticipated length of time to commence the determination of this application is not reasonable. Nor is there any indication of when the council will reach a decision on the application. This means that a date should be set for the determination of the application.”

The letter said 18 months should be allowed for the council to investigate the application, carry out the required consultations and complete the decision-making process.