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121004 | Last-minute decision on bridleway stops court action | This is Cornwall

As reported in The Cornishman/West Briton Thursday, October 04, 2012

Last-minute decision on bridleway stops court action

Thursday, October 04, 2012

The Cornishman

A DANGEROUS right of way in Hayle is set to be repaired after a last-minute agreement stopped a legal battle which could have lasted months.

Bridleway 22, behind Penpol Terrace, has been closed since the grade two listed former railway bridge it crosses fell into disrepair seven years ago.

The 1852 bridge was taken on by ING Real Estate when it bought the harbour and the company has been in long-running talks with Cornwall Council over who should pay for the repairs and when they should be done.

Last week, the harbour developers agreed to carry out the work ahead of any other works in the town.

ING had been hoping to carry out the repairs at the same time as doing work on the harbour and South Quay, using Section 106 money – paid by developers towards local improvements as a condition of planning consent for developments such as South Quay – to fix the bridge.

ING community development officer Gary Cartmell described the agreement as a "last-minute reprise for the bridge".

"ING has arranged that it will bring forward the works and repairs to the bridleway ahead of any works on South Quay and as such it won't impact on any Section 106 contributions in relation to South Quay or the harbour.

"ING has been keen to resolve this. I think [the directors] were just looking at a way in which it could be achieved at the earliest possible point to satisfy all parties."


Cornwall Council had given the company, which plans to build a supermarket on South Quay, until the end of last week to commit to repairs or face legal action.

The agreement was reached last Tuesday, three days before court proceedings would have been started.

The work estimated at about £40,000, includes replacing the decking and non-slip surface of the bridleway, replacing the bridge's external girders and parapets and clearing vegetation.

Earlier this year Cornwall Council served enforcement papers on ING and on the Secretary of State for Transport, Justine Greening, whom it was thought might also be liable for some of the repair work.

It since became clear that the minister is not responsible for the right of way.

A spokesman for the Department for Transport said: "When British Rail went the old bridges were transferred to a company called BRBR to look after, but it now belongs to ING.

"Cornwall Council are now aware it's not the responsibility of the DfT and that ING are the people responsible."

John Pollard, Cornwall councillor for Hayle North, who has been involved, said: "It has been far too long in coming and I will now be urging the officers to keep the pressure on the company to complete the repairs and reopen the footpath as soon as possible."

18 October 2012 - ING have asked for specifications

From Minutes of the Hayle Town Council Meeting held at the Hayle Community Centre, Hayle on Thursday 18 October 2012

b) Footpath 22 Update It was reported with delight that ING have asked for specifications so they can repair Footpath 22 with all due haste.

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