RIGHTS OF WAY SUB COMMITTEE
 
18TH JULY 1990
 
PARISH OF HURSLEY - CLAIM FOR FOOTPATH FROM PORT LANE TO ROAD A3090
 
REPORT OF COUNTY RECREATION OFFICER
 
The Parish Council submitted a claim for a footpath from Port Lane to
road A3090 in the Parish of Hursley supported by 11 claim forms which
covers a period from 1939 until 1989.
 
The owners of the King's Head Public House at Hursley have purchased
additional land from the garage adjoining and intend to provide an
improved car parking facility for the public house.
 
The plans submitted to Winchester City Council for necessary planning
permission indicated that there would be no access from Port Lane and
residents who had been used to crossing the old car park and garage
forecourt would have to walk instead around the public house to the
A3090.  This they believed was dangerous.
 
Surprisingly neither the public house nor garage had disclaimer
notices which would have ruled out any right of way claim.  However,
it would be extremely difficult for the claimants to prove that they
had walked a particular line across car park and forecourt although
there was no doubt they had enjoyed free passage between Port Lane
and the A3090 across this area for many years.
 
A meeting was held with representatives of Bass Inns and Taverns Ltd
and the Parish Council which resulted in an offer of a pedestrian
opening on Port Lane which would enable the claimants to gain access
to the A3090 without having to go around the King's Head.
 
This offer has been confirmed in writing and the Parish Council have
accepted the offer.
 
Recommendation
 
It is recommended that the claim for a public footpath from Port Lane
to the road A3090 in the Parish of Hursley to be added to the
Definitive Map be refused.  That the offer of a pedestrian opening at
Port Lane and hence a permissive path to road A3090 be accepted with
thanks.
 
 
rwschu

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