Hampshire County Council

Regulatory Committee Item 16

4 January 2006

Application for a Public Path Diversion Order for

Footpath No.33 in the Parish of Corhampton and Meonstoke

Report of the Director of Recreation and Heritage

Contact: Andrew Jones: Ext 6891 E-mail: andrew.jones@hants.gov.uk

Section 119 of the Highways Act 1980

Orders for the Diversion of Footpaths and Bridleways may be made under Section 119
of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981,
in the following circumstances:-

"Where it appears to a council as respects a footpath or bridleway in their area
(other than one that is a trunk road or a special road) that,

in the interests of the owner, lessee or occupier of land crossed by the path or way

or

of the public,

it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or of another owner, lessee or occupier), the council may, subject to subsection (2) below, by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order:

(a) create, as from such date as may be specified in the order, any such new footpath or bridleway as appears to the council requisite for effecting the diversion; and

(b) extinguish, as from such date as may be so specified in accordance with the provisions of subsection (3) below, the public right of way over so much of the path or way as appears to the council requisite as aforesaid.

An order under this section is referred to in the Act as a 'public path diversion order'."

Before making the Order, Members must be satisfied that the diverted route will be substantially as convenient to the public, and must have regard to the effect that a diversion will have on the enjoyment of the path as a whole.

1. Summary

1.1 Hampshire County Council has received an application to divert part of Footpath No.33 in the Parish of Corhampton & Meonstoke, as shown on the attached plan.

1.2 It is recommended that the application be approved under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981,
on the grounds that the diversion is in the interests of the public.

2. Parties to the Application

2.1 The application has been made by Mr and Mrs Sturt of Brockbridge Cottage, Droxford, Hampshire, SO32 3QT, on the grounds that the diversion is in the interests of the public.

2.2 Mr and Mrs Sturt are the freehold owners of all land affected by both the existing footpath and the proposed new route.

3. The existing route

3.1 The existing route of Corhampton & Meonstoke Footpath No.33 begins on the northern verge of the B2150 at Point A (GR 461222 118746) and proceeds in a north easterly direction along the private driveway leading to Brockbridge Cottage. It passes through the gardens of this property close to the residential buildings and then enters deciduous woods at GR 461275 118826, passing through Point B (GR 461362 118984), and ultimately joins Brockbridge Lane (also known as Chapel Road) at GR 461385 119225.

3.2 The total length of Footpath No.33 affected by the proposal (Section A-B) is approximately 285 metres.

4. The proposed new path

4.1 The proposed new route will begin at a set of broad steps near Point C
(GR 461236 118685) on the attached plan and proceed in a north easterly direction through the woods, paralleling Brockbridge Lane, to a point near
GR 461346 118840. It then continues north through the woods to rejoin the definitive alignment of Footpath No.33 at Point B (GR 461362 118984).

4.2 An additional access point (Point D) will be created some 105 metres north of the steps at Point C, in order to allow level access for pushchairs, etc from Brockbridge Lane onto the diverted route of Footpath No.33.

4.3 The total length of the proposed diversion (Section C-B) will be 350 metres.

4.4 The proposed new route will have a minimum width of 2.0 metres throughout its length.

5. The background to the application

5.1 The proposed diversion will greatly increase the security and privacy of Brockbridge Cottage, as walkers at present have to traverse the gardens, and pass close to the buildings, of a private residence.

6. The benefits to the public

6.1 It is felt that the proposed route would remove a real sense of invasion of privacy felt by users of the current footpath alignment, which passes through the gardens and close to the residential buildings of Brockbridge Cottage.

6.2 The section of the current definitive alignment through the woods north of Brockbridge Cottage is relatively narrow and winds between the trunks of mature trees. The diverted section follows a more direct route and has been cleared by the applicant to a width of approximately 2.0 metres.

6.3 Although there is a set of broad steps at Point C (GR 461236 118685), the applicant will create a second access point some 105 metres further along Brockbridge Lane at Point D, which will allow users with pushchairs to enter the main footpath via a short level side path from the adjoining road.

6.4 The sightlines along the B2150 for pedestrians emerging at Point C are preferable to those currently available at Point A. There is also no requirement to walk along the verge of the B2150 in order to gain access to footpaths to the south leading off Mill Lane, which is directly across the road junction at Point C.

6.5 The length of the current alignment of Footpath No.33 affected by the diversion is 285 metres. The length of the revised alignment (Section C-B) is 350 metres. Taking into account the location of Point C in relation to Point A, there is therefore not a significant overall change in footpath length.

7. Summary of Consultation

The proposal was sent out for formal consultation on 11^th October 2005 to the following representative individuals or groups:

7.1 Local Member - Cllr Felicity Hindson
Councillor Hindson supports the proposed diversion.

7.2 Winchester City Council
Winchester City Council has acknowledged receipt of the consultation document, but has not made any further comment on the proposal.

7.3 Corhampton and Meonstoke Parish Council
The Parish Council supports the proposed diversion.

7.4 Rights of Way Area Officer - South
The Area Rights of Way Officer supports the proposed diversion.

7.5 HCC - Highways Management
Highways Management has no objection to the proposed diversion.

7.6 HCC - Environment Department
The Landscape Planning Officer has commented on the possible loss of views north and west across the open valley which may not be available from the realigned route. The Ecology Officer has commented on the need to protect endangered animal species during works on the new alignment.

7.7 Hampshire County Archivist
19^th Century mapping shows a foot path following the current alignment of Corhampton and Meonstoke Footpath No.33. The Archivist did not find evidence of any higher rights shown on historic maps.

7.8 The Ramblers' Association
The Ramblers' Association has no objection to the proposal. They have commented that signs should be erected at the exit from the new footpath alignment onto the B2150, in order to warn pedestrians about the potential dangers of restricted sightlines at this point.

7.9 The Open Spaces Society
The Open Spaces Society has no objection to the proposal. They have commented that the northern end of the diverted route should blend more smoothly into the continuation of the existing footpath at Point B.

7.10 Land Access & Recreation Association (LARA)
LARA has no objection to the proposal. They have commented on the possible loss of views north and west across the open valley which may not be available from the realigned route.

7.11 British Horse Society
No response to consultation.

7.12 National Farmers Union
No response to consultation.

7.13 Cyclists Touring Club
No response to consultation.

8. Comments on Consultation Replies

8.1 Comments received from representative individuals and groups as a result of the consultation exercise have been either neutral or in favour of the proposal - there were no objections to the proposal.

8.2 Two respondents have commented on the possible loss of views across the valley to the north and west. These are most easily seen from the gardens of Brockbridge Cottage, but will still be available from the undiverted section of Footpath No.33 north of Point B.

9. Criteria for Assessment of the Proposal

9.1 The Council, as a Highway Authority, has the power to make a Public Path Diversion Order, if it is considered expedient to do so in a particular case.

9.2 Section 119(2) of the Highways Act 1980 requires that a Diversion Order should not be made unless the new termination point is substantially as convenient to the public as the existing termination point.

9.3 Section 119(6) of the Highways Act 1980 requires that a Diversion Order should not be confirmed unless the new path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which:

9.3.1 the diversion would have on public enjoyment of the path or way as a whole;

9.3.2 the coming into operation of the order would have as respects other land served by the existing public right of way; and

9.3.3 any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it.

10. Conclusion

Officers are of the opinion that the proposed diversion satisfies the criteria required by section 119 of the Highways Act and that it is expedient for the Council to make an order in that:

10.1 The proposal for diversion of Corhampton and Meonstoke Footpath No.33 is
in the interests of the public, as it will provide a wider and more convenient route for walkers. No stiles or gates will be required on the diverted route and a level access ramp at Point D onto Brockbridge Lane will provide an alternative to the flight of steps at Point C for those with limited mobility.

10.2 The proposed diversion will not be less convenient than the existing route. Although the new route (350 metres) will be slightly longer than the previous alignment (285 metres), the increase is not considered to be significant as it will avoid the need for walkers to use a section of the B2150 in order to gain access to other parts of the network from Mill Lane.

10.3 The proposed diversion will not affect the enjoyment of the path as a whole, as it will provide a graded descent through mixed deciduous woodland.

11. Recommendation

It is recommended that an Order be made for the diversion of part of Footpath No.33 in the Parish of Corhampton & Meonstoke, in the interest of the public.
The new section of the route will begin at a set of broad steps near Point C
(GR 461236 118685) and proceed in a north easterly direction through the woods, paralleling Brockbridge Lane, to a point near GR 461346 118840. It will then continue north through the woods to rejoin the definitive alignment of Footpath No.33 at Point B (GR 461362 118984), as shown on the attached plan.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and which have been relied upon to a material extent in the preparation of the report.

NB the list excludes: (1) published works and (2) documents which disclose exempt or confidential information as defined in the Act:

File: ATJ/DIV/Corhampton & Meonstoke Footpath No.33
Rights of Way Office, Mottisfont Court, Winchester