Hampshire County Council Item 10

Regulatory Committee

28 November 2001

Proposal to divert Footpath 8 in Steventon and Footpath 5 in North Waltham

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 J Lloyd of Orchard House, Steventon, Basingstoke, RG25 3BE to divert Footpath 8 in Steventon and Footpath 5 in North Waltham. The application is made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981 and the applicant believes that it is in the interests of the landowner and the public.

1.2 The Committee is recommended to accept this proposal.

2. The existing route of Footpath 8 in Steventon and Footpath 5 in North Waltham

Footpath 8 in Steventon starts at its junction with the U257, the road to St Nicholas's Church at point A on the attached plan. It then travels in a south easterly direction for 170 metres over one stile to the parish boundary and point B on the attached plan. From the parish boundary, Footpath 5 in North Waltham travels in a south-south easterly direction for 188 metres, over a stile to the corner of the field and point C on the attached plan.

3. The proposed new path

The proposed new route of Footpath 8 in Steventon commences at a stile on road U257, the road to St Nicholas's Church, point E on the attached plan. It then travels in a east south easterly direction for approximately 170 metres to the parish boundary, point D on the attached plan. From the parish boundary, Footpath 5 in North Waltham will continue in an east-south easterly direction for 75 metres to a gate. At the gate it will then run in a southerly direction for approximately 165 metres to the corner of the field, point C on the attached plan.

4. The reasons for the application

The application is made in the interests of the owners as it will improve security for their children and garden equipment, will increase privacy to the property and prevent the public coming to harm from unsafe farm buildings. The applicant is of the opinion that the new route would not have a negative effect on the convenience or enjoyment of the path by the public as there will be increased views.

5. Summary of Consultations

5.1 Local Member (Cllr Anna Mcnair Scott)

Fully supports the proposal due to the improved privacy, security and safety afforded to the applicants.

5.2 Basingstoke and Deane Borough Council

No comments

5.3 Steventon and North Waltham Parish Councils

No objections

5.4 Area Officer

No comments

5.5 The County Surveyor

No response

5.6 The County Archivist

Maps and documents supplied do not indicate a status other than footpath. The area in question was not enclosed.

5.7 The County Planning Dept

The planning department states that the diversion would not appear to present any ecological problems, as the new route remains in the same field as before.

5.8 British Horse Society

No Response

5.9 The Ramblers Association

The Ramblers state that the definitive line of the path is blocked and that it is Ramblers Association policy that `authorities should not consider diversion proposals unless the existing right of way is in good order and free from obstruction.'

Since the path has been re-opened, the Ramblers Association has written to withdraw its objection.

5.10 Open Spaces Society

Initially stated that the line of the definitive path was blocked and that it would not consider the application until the line was open once more.

Since the path has been re-opened, a further comment has been received stating that a fence would be preferable to a diversion to provide added security. The Society is also concerned with the increased distance between the proposed route and the church and feel that the views are not improved upon as the applicant claims.

5.11 British Driving Society

State that subject to the Ramblers Association and local users not objecting, they would have no objection. However, they state that in principal they are opposed as the landowners were aware of the presence of the footpath when they acquired the land.

5.12 National Farmers Union

No Objection

5.13 Cyclists Touring Club

No Comment

5.14 Trail Riders Fellowship

No comment

5.15 LARA

No objections as long as the views from the new path are of similar quality to those of the original path.

5.16 All Wheel Drive Club

No response

6. Comments on Consultation Replies

At the time of the application the original line of the path was indeed blocked by a barbed wire fence in two places. The definitive line of the path has since been opened up by the provision of stiles at appropriate crossing points. The stiles have been inspected by the Area Officer, Mr Michael Johnn, who is satisfied with the work. The Ramblers Association and The Open Spaces Society have been informed and the replies are summarised above.

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 interests of the applicant, as it will afford the house greater privacy and security

- the proposed path is not less convenient than the existing route. The new route would be approximately 52 metres greater in length than the existing route.

- the proposed diversion will not effect the enjoyment of the path as a whole as views are not affected by the proposal, the gradient is no steeper and access to the church is not an issue. However it is not considered that the views are improved in any way and the diversion can not be argued to be in the publics interest.

8. Financial Implications

There are no financial implications for the County Council as the surface

of the proposed route is the same as at present and will not involve the

County Council in any more onerous maintenance responsibilities than the

present route.

9. Access

The proposed route will not affect ease of use as there are no more stiles than along the current line.

Recommendation

That an Order be made to divert Footpath 8 in Steventon and Footpath 5 in North Waltham to the line E-D-C on the attached plan in the landowners interests.

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: Diversion Steventon Footpath 8 and North Waltham Footpath 5

Rights of Way Office, Mottisfont Court, Winchester