Hampshire County Council

Regulatory Committee Item 10

6 September 2006

Application for a Public Path Diversion Order for

Footpath No. 13 in the Parish of Hurstbourne Priors

and Footpath No. 33 in the Parish of Longparish

Report of the Director of Recreation and Heritage

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

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 this Act as a 'public path diversion order'."

Members must be satisfied that the diverted route will not be substantially less 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 Footpath No.13 in the Parish of Hurstbourne Priors and Footpath No.33 in the Parish of Longparish, as shown on the attached large scale plan.

1.2 It is proposed that the application for diversion of Hurstbourne Priors Footpath No. 13 and Longparish Footpath No. 33 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 Timothy Tacchi, of Testbourne Farm Partnership, Hurstbourne Priors, Hampshire SP11 6QT.

2.2 Mr Tacchi is the freehold owner of part of the land covered by the definitive alignments of the two footpaths in question. The remainder of the land is owned by Mr John Smail of Papermill Farm, Longparish, Andover, Hampshire SP11 6QS. Mr Smail has given his written consent to the proposal.

2.3 Mr Tacchi is the freehold owner of all of the land affected by the proposed new route.

3. The existing routes and proposed diversions

3.1 Current Alignment

3.1.1 Longparish Footpath No.33 - commences at Point A (GR 444990 145734) on the western verge of Nuns Walk and then proceeds in a westerly and northerly direction, along a tarmac lane to a junction with Hurstbourne Priors Footpath No.13 on the parish boundary at Point B (GR 444938 146060).

3.1.2 The length of Longparish Footpath No.33 is approximately 393 metres.

3.1.3 Hurstbourne Priors Footpath No.13 - commences at Point B (GR 444938 146060) at a junction with Longparish Footpath No.33 on the parish boundary and then proceeds in a generally northerly direction along a tarmac lane to a junction with Paper Mill Lane at Point C (GR 444950 146200).

3.1.4 The length of Hurstbourne Priors Footpath No.13 is approximately 137 metres.

3.1.5 Although the footpath follows a tarmac track, the route is in private ownership and there are no public vehicular rights along it.

3.2 Proposed Alignment

3.2.1 The proposed new route commences at Point D (GR 445098 145288) on a junction with Longparish Footpath No.5, just to the east of a disused railway bridge, and then proceeds in a generally northerly direction along a headland route that passes though Points E (GR 445200 145600), F (GR 445358 145866), G (GR 445424 145944) and H (GR 4452658 146078) to reach the road junction (Paper Mill Lane / Nuns Walk) at Point J (GR 445324 146220).

3.2.2 The second section of the proposed alignment commences on the western verge of Paper Mill Lane at Point K (GR 445322 146252) and proceeds west along the northern edge of a belt of trees before turning north and following the headland route on the eastern edge of the disused railway embankment to a junction with Hurstbourne Priors Footpath No.10 at Point L (GR 445478 146858).

3.2.3 The length of the southern section of the proposed route D-E-F-G-H-J will be approximately 1160 metres, the length of the northern section K-L will be approximately 750 metres, giving a total length of 1910 metres of off-road footpath.

3.3 Permissive Footpath

3.3.1 In addition to the recorded route, the applicant is willing to open up a number of new footpaths with permissive rights that will provide a new off-road link between the villages of Hurstbourne Priors and Whitchurch:

3.3.2 A total of 2885 metres of new off-road footpath with permissive rights will be made available to the public to supplement the existing network of legal rights of way.

4. The reasons for the application

4.1 The current definitive alignments of Hurstbourne Priors Footpath No.13 and Longparish Footpath No.33 follow a lane that passes very close to the front elevation of Paper Mill Farm, and then alongside a barn conversion and close to a major residential redevelopment. By diverting the alignment, the privacy of the residents will be improved and walkers need not be concerned that they are invading their privacy.

4.2 There are no natural connections with other parts of the rights of way network from any point on these footpaths.

4.3 Although Nun's Walk to the south and east of Longparish Footpath No.33 is a relatively quiet and open country lane, the road north of Hurstbourne Priors Footpath No.13 carries a higher volume of traffic, with steep banks either side of a narrow carriageway and poor sight lines. This section of road represents a potential for conflict between vehicles and walkers exiting from this footpath.

5. The benefits to the public

It is felt that the proposed changes to the alignment of Hurstbourne Priors Footpath No.13 and Longparish Footpath No.33 will benefit the public in the following respects:

5.1 The new routes D-J and K-L will provide a pleasant, off-road, through route between Longparish Footpath Nos. 4, 5, and 6 in the south, and the footbridge over the River Test at Tufton that provides access to public footpaths leading to Whitchurch.
This route represents a significant increase in the length of footpath available to walkers, especially residents of the local villages, as well as an improvement in public safety.

5.2 In addition to these recorded rights of way, the applicant is willing to make available some 2.8 kilometres of permissive footpath linking Hurstbourne Priors with Whitchurch. The route of this new path has been negotiated and agreed with the Parish Councils concerned and represents a valuable addition to the footpath inventory in this area.

6. Summary of Consultation

The proposal was sent out for formal consultation on 19th June 2006 to the following representative groups, with the request that any comments should be submitted to the County within a period of six weeks:

6.1 Local Member - Councillor John Maxwell
Councillor Maxwell has not commented on this proposal.

6.2 Basingtoke & Deane Borough Council
Basingstoke & Dean Borough Council has not commented on this proposal.

6.3 Test Valley Borough Council
Test Valley Borough Council has been consulted on this proposal - documents were distributed to members and officers for comment, but none have done so.

6.4 Hurstbourne Priors Parish Council
Hurstbourne Priors Parish Council has not commented on this proposal.

6.5 Longparish Parish Council
Longparish Parish Council has not commented on this proposal.

6.6 Rights of Way Area Officer
The Rights of Way Area Officers for North and Central Hampshire are in favour of this proposal.

6.7 HCC - Highways Management
Highways Management has not commented on this proposal.

6.8 HCC - Environment Department
Environment Department has not commented on this proposal.

6.9 Hampshire County Archivist
The Ordnance Survey Maps of the late 19th Century appear to show the lane followed by the current footpath route, but there is no evidence to indicate that it was anything other than a farm access track. The Archive does not suggest that any higher rights existed over the route to be diverted.

6.10 The Ramblers' Association
The Ramblers' Association has not commented on this proposal.

6.11 The Open Spaces Society
The Open Spaces Society has been consulted and "... on balance we feel obliged to accept this proposal on the grounds that it would create an important link in the footpath network ...".

6.12 Land Access & Recreation Association (LARA)
LARA has no objection to the proposal.

6.13 National Farmers Union
The National Farmers Union has not commented on this proposal.

6.14 Cyclists Touring Club
The Cyclists Touring Club has not commented on this proposal.

7. Comments on Consultation Replies

7.1 Of the three responses received from the consultation exercise, all are either in favour of the proposal, or have no objection to it.

7.2 There were no objections to the proposal.

8. Criteria for Assessment of the Proposal

8.1 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.

8.2 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.

8.3 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. Conclusion

Officers are of the opinion that the proposed diversion satisfies the criteria required by section 119 of the Highways Act 1980 and that it is expedient for the Council to make an order in that:

9.1 The proposal for diversion of Hurstbourne Priors Footpath No.13 and Longparish Footpath No.33 is in the interests of the public, as it will provide a safe through route for walkers with onward connections at both ends to the public footpath network.

9.2 The proposed diversion will not be substantially less convenient than the existing route.
The diversion does involve a significant increase in the overall length of footpath, but in this case it is not seen as a disadvantage.

9.3 The proposed diversion will not affect the enjoyment of the path as a whole,
as the new route will provide a good walking surface with pleasant views across the surrounding countryside.

9.4 The Area Officers for Central and North West Hampshire have assessed the works that are necessary to bring the new route up to an acceptable specification and the applicant has agreed to carry out and/or fund these improvements.

9.5 The adoption of the diverted route may result in an increase in the cost of maintenance at public expense, compared with the current route which follows a sealed lane, but this is offset by the gains in access and public safety.

10. Recommendation

10.1 It is recommended that an Order be made for the diversion of Footpath No.13 in the Parish of Hurstbourne Priors and Footpath No.33 in the Parish of Longparish from the current definitive alignment to a new route running from Point D (GR 445098 145288)
to Point J (GR 445324 146220) and from Point K (GR 445322 146252) to Point L
(GR 445478 146858).

Section 100 D - Local Government Act 1972 - background papers