Hampshire County Council Item 8

Regulatory Committee

28 November 2001

Proposal to divert Footpaths 8 and 15 in the Parish of St Mary Bourne

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 Mr M Edwards, Ramsdell Brick Company Ltd, Enborne Street farm, Enborne, Newbury, to divert part of Footpaths 8 and 15 in the Parish of St Mary Bourne as shown on the attached plans 1 and 2. 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 accept this proposal.

2. The existing route of Footpath 8

That part of Footpath 8 to be diverted commences at point A on the attached plan (plan 1), 452 metres from its junction with Wadwick Bottom and continues in a north westerly direction for 245 metres across an arable field to point B on the plan.

2. The proposed new route of Footpath 8

The proposed new route runs from point A on the attached plan (plan 1) in a south-south west direction for 80 metres along a headland track, then in a west-north westerly direction for 190 metres and then northwards for 78 metres to point B.

4. The existing route of Footpath 15

That part of Footpath 15 to be diverted commences approximately 108 metres from the start of Footpath 15 at point A on the attached plan (plan 2). It continues in a south-south easterly direction for 170 metres across an arable field and then in a south easterly direction for 98 metres across an arable field to its junction with Wadwick Bottom.

5. The proposed new path of Footpath 15

The new path commences at point A on the attached plan (Plan 2), 42 metres south west from the start of the existing route of Footpath 15. It runs along the edge of an arable field in a south easterly direction for 230 metres, in a south-south westerly direction for 84 metres, around a corner and in an easterly direction for 60 metres and then south for 50 metres to meet the road at the same point as the existing Footpath 15.

6. The reasons for the application

The existing paths currently cross arable fields and are inconvenient for farming purposes. The applicant feels that they will not be any less convenient for the public and will afford the same views.

7. Summary of Consultations

Local Member Cllr. Wall

No response

Basingstoke and Deane District Council

No comments

St Mary Bourne Parish Council

No objection.

Area Officer North

No objection.

Area Surveyor

No objection.

The County Archivist

There is no Enclosure Map or Award for this area. Footpath 15 on the St Mary Bourne Tithe and the 1^st Edition Ordnance Survey Sheet 1873 follows a different route from that which it follows today. Other than this there are no comments.

The County Planning Dept.

No objection however the Environment Group would rather see Footpath 15 enter the field at the existing point to prevent damage to hedgerows.

British Horse Society

No response.

The Ramblers Association

No objections

Open Spaces Society

Objects on the grounds that the paths are less convenient to the public and would affect the publics enjoyment of these paths. The Society states that both paths are longer and that Footpath 15 is steeper along one particular stretch.

National Farmers Union

The NFU fully supports this proposal.

Cyclists Touring Club

No objection

Trail Riders Fellowship

No comments

LARA

No objection.

All Wheel Drive Club

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

British Driving Society

No objections but general comments that a) diversions around field edges in exchange for a cross field path are generally unwelcome; b) the routes are longer than the existing ones; and c) the diversion onto a road is a retrograde step in safety terms.

8. Comments on Consultation Replies

8.1 The comments made by the consultees regarding the road stretch of Footpath 15 and the need for access through the hedge, relate to an earlier proposal whereby the proposed route exited onto Wadwick Bottom at point C on the attached plan. The applicant has since revised the route so that access is gained through the existing gap in the hedge. This is also opposite a track which consultees have identified as possibly carrying higher rights.

8.2 The objections raised by the Open Spaces Society have been considered. The issues raised are apparently not of concern to the Ramblers Association or the Parish Council and it is felt by this office that despite the concerns of the Open Spaces Society, the public is not materially disadvantaged by the change of route.

9. 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 make for more convenient farming practices.

- the proposed path is not less convenient than the existing route albeit that the new routes would be approximately 268m greater in length for Footpath 15 and 103 metres greater in length for Footpath 8 than the existing routes.

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

10. Financial Implications

The proposed new routes will not place an onerous maintenance burden on the County Council and the proposed route of Footpath 8 is a heavily used route at present along a maintained farm track.

11. Access

The ease of access will remain the same as there are no stiles or gates at present on the routes to be diverted and no gates or stiles will be erected on the proposed routes.

Recommendation

That an order be made for the diversion of Footpath 8 and15 in St Mary Bourne 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: St Marybourne 8 and 15 Diversion Ref 7/08/01

Rights of Way Office, Mottisfont Court, Winchester