FOI request details

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Request

Subject: Public Rights of Way - Arch 42

Reference: WBC-FOI-00362

Our request under the Freedom of Information Act 2000 is set out below.

We are acting for a client who is interesting in acquiring part of the New Covenant Garden Market site.

We are therefore trying to understand what rights of way (if any) exist in respect of Arch 42, which runs under the railway lines and connects Ponton Road, SW11 and the New Covenant Garden Market. The location of Arch 42 is shown on the plan below. In particular, we are keen to understand:

(a) if public rights of way exist in respect of Arch 42?

(b) if Arch 42 is maintainable at public expense?

(c) if use by cycles also permitted for Arch 42?

(d) is access available at all times or is Arch 42 ever closed?

We have already obtained a local authority search and a highways search and neither of these assist with these queries.

Response

Full Disclosure - 10 February 2023

Request for Information - WBC-FOI-00362 - Public Rights of Way - Arch 42

I refer to your request for information received on 09 January 2023. Please accept our apologies for the delays. lease see the information below in response to your request: -

A) If public rights of way exist in respect of Arch 42?

Arch 42 was opened to the public as a walkway in September 2021. The freehold of the land is owned by Network Rail. The route through the archway is managed via a walkway agreement made under Section 35 of the Highways Act 1980 between the London Borough of Wandsworth, Network Rail Infrastructure Limited (the owner) and the Arch Company (Head lease). The agreement grants rights so it can be used as a pedestrian route by the public.

B) If Arch 42 is maintainable at public expense?

Under the terms of the walkway agreement the London Borough of Wandsworth is responsible for the maintenance and management of the walkway which includes to repair, light and drain the walkway in good order and safe condition.

C) If use by cycles also permitted for Arch 42?

Cycles are not permitted to use the walkway and should dismount before using the walkway.

D) Is access available at all times or is Arch 42 ever closed?

The intention is that the walkway remains open for public use at all times however there may be circumstances where the walkway may need to be closed or obstructed by either Network Rail or the Council for the purposes of inspection, renewal, replacement, maintenance, decoration or for cleaning any part of parts of the Walkway or of the Retained Arches and/or any railway assets which the walkway forms part of. In such circumstances the public would be notified accordingly of such closures.

I hope this information meets your needs. If you do not understand the information provided or wish to discuss anything further, please feel free to contact us.

Please note, all material provided by the Council in response to your request for information is for your personal, non-commercial use. The Council reserves all rights in the copyright of the information provided. Any unauthorised copying or adaptation of the information without express written confirmation from The Council may constitute an infringement of copyright. Any intention to re-use this information commercially may require consent. Please forward any requests for re-use of information to the FOI officer.

If you are dissatisfied with the information provided in relation to your request, you may make representations to the Information and Transparency Manager. Any such request for an internal review should be made within 40 days from today's date. Correspondence should be addressed to: FOIW@richmondandwandsworth.gov.uk

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision at: https://ico.org.uk/global/contact-us/

Regards,

FOI and DPA Officer

FOIW@richmondandwandsworth.gov.uk

Please note that our responses were accurate to the best of our knowledge at the time of release, and have not subsequently been updated. This information should be considered an historical record only.