Highways officers say nuisance motorbiking can be ‘avoided’ when Luton footpath is upgraded

A request was made to the borough council “to delegate the legislative process to create a new right of way and upgrade a current right of way” to officers of Hertfordshire County Council.

The legalities also cover an amendment to LBC’s rights of way definitive map and statement, according to a report to the local authority’s administration and regulation committee.

Both LBC and Hertfordshire County Council received applications, followed by directives, from the planning inspectorate to determine if a cross boundary footpath should be upgraded to restricted byway status, said the report.

“An amendment would be made to each authority’s respective definitive map and statement, under the powers of the Wildlife and Countryside Act 1981, Schedule 14.”

A restricted byway allows the public to walk, ride a horse or travel with non-motorised vehicles, such as bicycles and horse-drawn carriages.

LBC highways officer Chris Godden told the committee: “My recommendation is to authorise the delegation of LBC powers to Herts County Council pursuant to the Wildlife and Countryside Act 1981 and other enabling powers.

“This process would create a restricted byway between Crawley Green Road and a new Hertfordshire boundary footpath, and upgrade the Luton Hertfordshire boundary footpath to restricted byway status,” he explained.

“LBC officers would be authorised to amend the definitive map and statement. This refers to the legal record of public rights of way for a specific area.

“The route runs mainly along the boundary of the two authorities. It was decided for ease of administration a single authority would do the works required.

“Hertfordshire has a long-established rights of way team and was happy to do this at no cost to LBC. Officers in Luton are in agreement with its evidence base findings.”

Asked whose responsible for the pathway now, he replied: “The responsibility lies with the two authorities for maintenance.

“It exists by virtue of use for 20 years or more. The path straddles the boundary between the two authorities. This will sit on Luton’s definitive footpath map and be indicative on Hertfordshire’s definitive map.

“We don’t propose to pave any more than at present. Two thirds is paved and the remaining one third is unpaved.”

Liberal Democrat Sundon Park councillor Clive Mead raised the issue of “nuisance motorbikes” in the area and whether that would cause problems, if the quality of the route is being improved.

Mr Godden added: “I’m not aware of motorbikes being a nuisance in that area. The path isn’t going to change. This is a process to formally record its existence.

“There’s no proposal to improve it because of this report. It’s merely to ensure it’s properly mapped. I’ll report back once the process has gone through. It’s likely to take nine to 12 months.”

The committee asked for an update once the legal process is completed, and agreed the recommendation as laid out in the report.