Hampshire County Council Item 7

Regulatory Committee

28 November 2001

Proposal to divert Footpath 5 in the Parish of Old Alresford

Report of the Director of Arts Countryside and Community

Contact: Sally Plummer, ext 6040

Diversions of footpaths and bridleways may be made under Section 119 of the Highways Act 1980 as amended by the Wildlife and Countryside Act 1981 as being either: -

"Expedient in the interests of the owner, occupier or lessee of land crossed by the right of way" and/or "Expedient in the interests of the public".

Members must be satisfied that the diverted route will not be substantially less convenient to the public, and must have regard to the effect which a diversion will have on the enjoyment of the path as a whole.

1. Summary

1.1 Hampshire County Council has received an application from Vitacress Salads Ltd, Lower Link Farm, St Mary Bourne, Andover, Hampshire SP11 6DB to divert Footpath 5 in the Parish of Old Alresford as shown on the attached plan (plan 1). The application is made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the grounds that it is in the interests of the landowner.

1.2 The Panel is recommended to make an Order to divert Footpath 5 in Old Alresford under Section 119 of the Highways Act 1980.

2. The existing route

That part of Footpath 5 to be diverted commences 42 metres in a south westerly direction from its junction with the C26 (Old Alresford to Abbotstone road) at point A on the attached plan (Plan 1). It continues in a south westerly direction across a field of salad crop for 160 metres to point B on the attached plan.

3. The proposed new path

The new path commences at point A on the attached plan (Plan 1), 42 metres from the start of the existing route of Footpath 15. The path enters a gap in the fence at this point and travels in a south south-easterly direction on a two metre wide enclosed path for 85 metres along the west side of the fence of the newly widened drive. The path then follows a west south-westerly direction for 130 metres along an unenclosed earth surfaced path to point B on the attached plan.

4. The reasons for the application

The existing path currently crosses a field of salad crop. The landowners are concerned about the possible contamination of the crop from dogs being walked along the path and hence they have applied to divert the path.

5. Summary of Consultations

5.1 Local Member Cllr. Glasspool

No response

5.2 Winchester City Council

No objection.

5.3 Old Alresford Parish Council

No objection.

5.4 Area Officer Central

No objection.

5.5 Area Surveyor

No objection.

5.6 The County Archivist

Maps and Documents supplied do not indicate a status other than footpath.

5.7 The County Planning Department

No objection.

5.8 British Horse Society

No objection in principle.

5.9 The Ramblers Association

The local footpath secretary for this area has stated that "the RA would reluctantly accept this diversion, but would prefer to see a more radical solution to the current problem". The proposed route put forward by the Ramblers' Association is shown on plan 2. They believe that the route they have proposed was the original line of the path.

5.10 British Driving Society

No objection subject to any higher rights being protected.

5.11 National Farmers Union

The NFU fully supports this proposal.

5.12 Cyclists Touring Club

No objection

5.13 Trail Riders Fellowship

No comments

5.14 LARA

No objection.

5.15 All Wheel Drive Club

Support for the diversion provided no other users object and provided any higher rights, if shown to exist, are protected.

6. Comments on Consultation Replies

6.1 The comments made from the Ramblers' Association were put to the applicants. The representative on behalf of Vitacress Salads Ltd has stated that the company would not be in favour of the route proposed by the Ramblers' Association as it would result in walkers passing an area of Watercress beds and therefore increase the risk of contamination of the crop. It would also infringe on the privacy of the owners of Pinglestone House as the route would pass across the front lawn of the House.

6.2 The first edition Ordnance Survey Map (dated 1870) does not indicate the original route of the path passed through the grounds of Pinglestone House, but in fact it shows the line of the path in the same position as it is today.

6.3 After submitting the application and following the first period of consultation, the applicant changed the route slightly to take account of plans to widen the drive alongside which the proposed path was to run. A further consultation was made of all parties and no objections were raised.

7. Conclusion

Officers are of the opinion that the proposed diversion does fulfil the criteria required by section 119 of the Highways Act in that:

- it is in the interest of the applicant, as it will reduce the risk of contamination of the crop.

- the proposed path is not less convenient than the existing route. The new route would only be approximately 76m greater in length than the existing route.

- the proposed diversion will not effect the enjoyment of the path as a whole as views, aspect, etc. are not affected by the proposal.

Recommendation

That an order be made for the diversion of Footpath 5 in Old Alresford in the interest of the landowner.

Section 100D - 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 has 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: Old Alresford Footpath 5 Diversion, ref: 5/DIV/01

Rights of Way Office, Mottisfont Court, Winchester