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AT A MEETING of the RIGHTS OF WAY PANEL of the RECREATION AND
HERITAGE
COMMITTEE of the COUNTY COUNCIL held at The Castle, Winchester on
Thursday 30 September, 1999
PRESENT
Councillors: J. Waddington (Chairman); J.N. Carruthers;
R.A. Culver; Mrs. P.G.E. Holden-Brown; Mrs. A.E. McEvoy; R.H. Price
JP; Mrs. A.M. Wells; Mrs. P.R. Wiggins.
Also in attendance Councillors: Dr. J.G.L. Wall and J.K. West
at the invitation of the Chairman.
128 MINUTES
The Minutes of the meeting of the Panel held on 22 July, 1999
were confirmed as a correct record and signed by the Chairman.
129 CHAIRMAN'S STATEMENT
(a) Rights of Way Manager
The Chairman reported that Mr. Andrew Smith from
Oxfordshire County Council had recently been appointed
as the new Rights of Way Manager.
(b) Pilgrims Trail
The Chairman reported that the official launch of the
Pilgrims Trail took place on 15 September. The launch
was well attended and had generated a great deal of
positive publicity. He took the opportunity to thank
the staff of the Rights of Way office for their hard
work in setting up and promoting the trail and gave
particular thanks to Marilyn Meeks.
(c) Guided Walks, Winter 1999/2000
The Chairman reported that the Guided Walks programme
for Winter 1999/2000 had recently been published and
copies of the programme were circulated to Members.
130 DEPUTATION
The Panel received a deputation from Mrs. A. Stratton of the
Rec Protection Group on the registration of Leigh Road
Recreation Ground, Eastleigh as village green. She was
concerned at proposals by the Borough Council to encroach
further on the recreation ground and was of the opinion that
only the registration of the recreation ground as a village
green would secure it for future generations.
131 COMMONS REGISTRATION ACT 1965 - LEIGH ROAD RECREATION GROUND,
EASTLEIGH
The Chief Executive presented a report advising members of the
progress made in trying to resolve what, was at present, an
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opposed registration of Leigh Road Recreation Ground,
Eastleigh (Item 8 in the Minute Book). Since the last meeting
a management agreement with Eastleigh Borough Council had been
proposed and there was a possibility of achieving a
satisfactory management regime for the recreation ground using
this mechanism. Members were concerned to hear of possible
proposals by Eastleigh Borough Council to use approximately 93
square metres of the recreation ground for an outdoor
extension to the "Point". They were keen to see the
imposition of a management agreement should the land not be
registered as village green.
RESOLVED:
That the Chief Executive be authorised to enter into a
management agreement for Leigh Road Recreation Ground,
Eastleigh with Eastleigh Borough Council by 15 October, 1999;
the wording of the agreement to be approved by the Chief
Executive in consultation with the Chairman and a further
report be presented to the Panel at the next meeting.
132 SITE VISIT 31 AUGUST, 1999
The Chief Executive presented a note of the site visit held on
31 August, 1999 (Item 3 in the Minute Book) and members gave
further consideration to the application to extinguish
Highclere Footpath No. 5.
RESOLVED:
That an Order be made under Section 118 of the Highways Act
1980 and submitted to the Secretary of State for the
Environment, Transport and the Regions for confirmation or
confirmed by the County Council, as appropriate, to extinguish
Highclere Footpath No. 5 on the ground that it is no longer
needed for public use.
133 APPLICATIONS UNDER THE HIGHWAYS ACT 1980
The Panel considered the report of the Director of Arts,
Countryside and Community (Items 4(a) to (d) in the Minute
Book).
(a) East Meon Footpath No. 16 - Diversion
RESOLVED:
That, in the interests of the landowner and of the
public, an Order be made under Section 119 of the
Highways Act 1980 and submitted to the Secretary of
State for the Environment, Transport and the Regions for
confirmation or confirmed by the County Council, as
appropriate, to divert East Meon Footpath No. 16.
(b) Hannington Footpaths Nos 101 and 103 - Diversion
RESOLVED:
That, in the interests of the landowner, an Order be
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made under Section 119 of the Highways Act 1980 and
submitted to the Secretary of State for the Environment,
Transport and the Regions for confirmation or confirmed
by the County Council, as appropriate, to divert
Hannington Footpaths Nos. 101 and 103.
(c) Headley Footpath No. 39 - Diversion
RESOLVED:
That:-
(i) In the interests of the public, an Order be made
under Section 119 of the Highways Act 1980 and
submitted to the Secretary of State for the
Environment, Transport and the Regions for
confirmation or confirmed by the County Council,
as appropriate, to divert Headley Footpath No. 39.
(ii) All application fees in respect of this
application be waived.
(d) Owslebury Footpath No. 46 - Diversion
RESOLVED:
That, in the interests of the landowner and the public,
an Order be made under Section 119 of the Highways Act
1980 and submitted to the Secretary of State for the
Environment, Transport and the Regions for confirmation
or confirmed by the County Council, as appropriate, to
divert Owslebury Footpath No. 46.
134 DEDICATION
The Chief Executive reported that following the preparation of
this report further information had come to light and he
requested that the item be withdrawn.
RESOLVED:
That agreement be given to this item being withdrawn.
135 WILDLIFE AND COUNTRYSIDE ACT 1981 - SECTION 53
The Panel considered the reports of the Director of Arts,
Countryside and Community (Items 6(a) and (b) in the Minute
Book).
(a) Durley Footpath No. 23
RESOLVED:
That an Order be made under Section 53(2)(a) of the
Wildlife and Countryside Act 1981 and submitted to the
Secretary of State for the Environment, Transport and
the Regions for confirmation or confirmed by the County
Council, as appropriate, to amend the line of Durley
Footpath No 23 on the Definitive Map as shown on the
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plan attached to the report of the Director of Arts,
Countryside and Community.
(b) Havant Footpath No. 66
RESOLVED:
That an Order be made under Section 53(2)(a) of the
Wildlife and Countryside Act 1981 and submitted to the
Secretary of State for the Environment, Transport and
the Regions for confirmation or confirmed by the County
Council, as appropriate, to upgrade that part of Havant
Footpath No. 66 which runs between grid reference
SU4745:1078 and 4745:1079 as a byway open to all traffic
and that the remainder of the footpath be upgraded to
bridleway status.
136 TRAFFIC MANAGEMENT
The Panel considered the reports of the Director of Arts,
Countryside and Community (Items 7(a) to (d) in the Minute
Book). The concerns of the LARA representative were noted.
Members were keen to see that traffic regulation orders were
kept under constant review and requested the Chief Executive
to present a report on proposals to review traffic regulation
orders at the next meeting.
RESOLVED:
That the Chief Executive be requested to present a report on a
review process for road traffic regulation orders to the next
meeting of the Panel.
(a) East Meon BOAT No. 42
RESOLVED:
That an Order be made under Section 1 of the Road
Traffic Regulation Act 1984 prohibiting the use by
public motorised vehicles having three or more wheels on
that part of East Meon BOAT No. 42 known as Salt Hill.
(b) Liss BOAT No. 15
RESOLVED:
That an Order be made under Section 1 of the Road
Traffic Regulation Act 1984 prohibiting the use by all
public motorised vehicles on Liss BOAT No. 15.
(c) Newton Valence BOAT No. 30 and Colemore and Priors Dean
BOAT No. 22
RESOLVED:
That an Order be made under Section 1 of the Road
Traffic Regulation Act 1984 prohibiting the use of
public motorised vehicles having three or more wheels on
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Newton Valence BOAT No. 30 and Colemore and Priors Dean
BOAT No. 22.
(d) Steep Footpath No. 34 and Hawkley (formerly Froxfield)
BOAT No. 46
RESOLVED:
That authority be given for the publication of the
County Council's intention to make an order under
Section 1 of the Road Traffic Regulation Act 1984 to
prohibit the use by all traffic on that part of Steep
BOAT No. 34 between grid reference SU7490:2701 and
7499:2711 and the use by all motorised vehicles from
Hawkley BOAT No. 46 and the remainder of Steep BOAT No.
34.
137 IMPROVING RIGHTS OF WAY IN ENGLAND AND WALES
The Chief Executive presented a report on the consultation
papers issued by the Department of the Environment, Transport
and the Regions which contained proposals for the change to
the way rights of way in England and Wales are recorded and
might be developed (Item 9 in the Minute Book).
The report sought the Panel's endorsement of the proposed
response by the County Council to the consultation paper which
had already received the endorsement of the Recreation and
Heritage Committee. The user groups particularly expressed
concern at proposal 3 in which all claims should be lodged
with the relevant authority within 10 years, claims after that
time being invalid.
The Director of Arts, Countryside and Community mentioned that
a letter had been received from Helen Slade, the South Downs
Way Officer requesting that proposal 10 be extended to cover
national trails. To speed up the process of diverting parts
of the national trails the Countryside Agency should be given
authority to deal with such applications instead of Secretary
of State's permission being sought.
RESOLVED:
That subject to the recommended response to proposal 10 being
amended to allow the Countryside Agency to be given authority
for the diversion of parts of national trail routes instead of
Secretary of State's permission being sought the proposed
response set out in the report of the Chief Executive and the
Director of Arts, Countryside and Community be agreed.
138 DECISIONS OF THE SECRETARY OF STATE FOR THE ENVIRONMENT,
TRANSPORT AND THE REGIONS
The Chief Executive presented a report on the Secretary of
State's decisions (Item 10 in the Minute Book).
(a) Newnham Footpath No. 4
Following the Panel's decision on 26 March, 1999 to
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refuse to make a modification order to remove Newnham
Footpath No. 4 from the Definitive Map and Statement the
applicant had appealed to the Secretary of State who had
appointed an Inspector to investigate the matter,
written representations were made by both the applicant
and the County Council and after consideration of all
the evidence the Inspector recommended the Secretary of
State not to allow the appeal. The Secretary of State
concurred with the Inspector's recommendation.
(b) Ringwood - claimed footpath along disused railway line
Following the making of the Order to include the
footpath along the disused railway line at Ringwood on
the definitive map and statement objections were
received which were unable to be resolved. As a result
the Order was submitted to the Secretary of State and a
public inquiry was held on 27 and 28 April, 1999. The
Inspector, appointed by the Secretary of State, after
consideration of the evidence, had confirmed the Order.
139 RIGHTS OF WAY WORK RETURN
The Director of Arts, Countryside and Community presented the
rights of way work return for the period ending 31 August,
1999 (Item 11 in the Minute Book).
RESOLVED:
That the report be noted.
140 MAP REVIEW WORK RETURN
The Director of Arts, Countryside and Community presented the
map review work return for the period ending 31 August, 1999
(Item 12 in the Minute Book).
RESOLVED:
That the report be noted.
141 ORDERS CONFIRMED BY THE COUNTY COUNCIL
The Chief Executive presented a Schedule of Orders recently
confirmed by the County Council (Item 13 in the Minute Book).
RESOLVED:
That the report be noted.
142 ORDERS MADE/CONFIRMED BY DISTRICT COUNCILS
The Chief Executive presented a Schedule of Orders recently
made/confirmed by District Councils (Item 14 in the Minute
Book).
RESOLVED:
That the report be noted.
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128 ACCESS TO THE COUNTRYSIDE CONFERENCE - 29 NOVEMBER, 1999
The Director of Arts, Countryside and Community presented a
report on the arrangements for this conference (Item 15 in the
Minute Book).
RESOLVED:
That the programme for the conference be welcomed and approval
be given to the outline of the County Council's presentation
as set out in Paragraph 3.5 of the report and the principle of
providing a number of complimentary tickets to attend the
conference and the officers, in consultation with the Chairman
be authorised to agree to whom complimentary tickets are sent.
129 CHRISTMAS WALK 1999
RESOLVED:
That the 1999 Christmas Walk be held on 17 December, 1999 and
that all members of the Recreation and Heritage Committee be
also invited to attend.
4dM801099
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