10/06/2020
I've had a response from Gloucestershire Highways to my questions. Seems the event at Farncombe Estate is some sort of filming and it seems they have the right to close the path temporarily even if we like it or not. Not sure where we go from here other than to make sure it does actually re-open when it should. The replies are below, apologies its a long email:
1) The proposed diversion via the existing nature trail is completely unsuitable. I current path through the estate is via a paved road and large field which is easy to walk on in all weathers and allows easy social distancing when passing others. The nature trail is narrow and steep and will not accommodate the amount of pedestrian traffic that uses this route. The reason given for the closure is Covid Safety, no mention of the Health and Safety Issues you mention
Answer from GH
As this is a temporary closure, there is no requirement for an alternative route. However, as we are aware, this is a well used path I made sure that there was an alternative route during the closure for people. The first part of the reason as stated in the notice is ‘The closure is necessary to protect the public during the setting up and running of an event.’ Therefore as the closure is for the setting up and running of a televised event and due to the nature of the equipment that a televised event brings, they have applied to temporarily close the path on Health and Safety grounds which is a legitimate reason to close a Public Right of Way.
2) I note your assurances about the future of the path but be sure that if you speak to people on the ground in Farncombe they are quite open about the fact that they don't like this footpath through the estate and use quite aggressive security at times to police it. This is very much at odds with the happy go lucky impression they try to create with their signage. I'm not sure the Estate are being completely open and honest about their future intentions for the path.
Answer from GH
The path is legally recorded on the definitive map and statement for pedestrians to walk along. In order to remove the path they would have to apply to extinguish the path from the Definitive Map and Statement and would have to prove that it is no longer needed for public use which is a legal process that involves consultation and objection periods. Therefore, as people have a legal right to walk the Public Footpath, please be assured that any future instances where they restrict the public to using the footpath, I will deal with it appropriately and make sure that people are able to use their legal right of walking this footpath.
3) I would like to see the details of this 2 month long "event" the estate are talking about, there's nothing on the website which states the site is closed until further notice. If they are planning opening the Hook restaurant the footpath will have to open to provide access.
Answer from GH
As stated in the answer to question one, the event is a televised event which will be going on during the duration of the closure.
4) As the diversion takes the path around the perimeter of the estate it will be impossible to scrutinise what is happening on the closed path as it will be hidden from view, how will the Estate be held to account and how will you ensure the path is not diverted a moment longer than it needs to be?
Answer from GH
As stated in your answer to question two, they are unable to divert/extinguish a footpath without going through the Public Path order process which is a legal process and involves consultation and objection periods. I will be keeping a close eye on this and making sure that the footpath is reopened as soon as practically possible. Furthermore, I will be inspecting the footpath once it is reopened to make sure that everything is in order.
5) On a personal note I often walk this path with my partner who is disabled. The flat firm surface allows her to walk safely on the path at the moment, there is no way she will be able to walk safely on the diverted path which severely limits her access to the countryside where we live.
The estate have a network of paved roads they could easily use for a diversion but the truth his they don't like people walking on those either.
Answer from GH
As stated in question one, there is no requirement for an alternative path. However due to the popularity of this path, I requested that an alternative route is provided which is the safest for people to navigate around the closure.
