Contact: Andrew Smith, Ext 6003

1 Summary

1.1 The attached paper sets out a proposed policy relating to the processing of applications to divert public paths which have been made under the terms of the Highways Act 1980. The policy is intended to temporarily release staff time from the discretionary task of processing diversion applications to enable the statutory review of the Definitive Map to be completed on time. It is proposed therefore to only process and consult upon those applications that are in the interests of the public. Those applications which are made solely in the interests of the owner of land will not be pursued until the review of the Definitive Map of Public Rights of Way has been completed. This is currently anticipated to be late 2003.

1.2 The following decision is sought:

1.3 That the Executive Member endorses the approach towards the management of Highways Act applications for diversions as set out in the attached paper.

2 Reason

2.1 To free staff time to enable the County Council to complete the review of the Definitive Map of Public Rights of Way for the county to enable the publication of a new Map in accordance within the current timetable.

3 Other Options Considered and Rejected - Not applicable

4 Conflicts of Interest declared by the decision maker or a member or officer consulted - Not applicable

5 Dispensation granted by the Standards Committee - Not applicable

6 Reasons for the matter being dealt with if urgent - Not applicable

Recommendation

That the appended draft policy be endorsed by the Executive Member to enable staff time to be devoted towards the completion of the Definitive Map of Public Rights of Way by 2003.

Approved by: Date:

Councillor J Waddington

Section 100 D - 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 have been relied upon to a material extent in the preparation of this report.

Title : None

Hampshire County Council

Recreation & Heritage Policy Review Committee

27 June 2002

Executive Member - Recreation & Heritage

18 July 2002

Proposed Policy for Diversions of Rights of Way under s.119 Highways Act 1980

Report of the Director of Recreation and Heritage

Contact: Andrew Smith, Rights of Way Manager, Ext 6003

1. Introduction

1.1 The Highways Act 1980 gives the County Council the power to make an order to divert a right of way if it is in the interests of the landowner or in the interests of the public. However, the Act does not place any duty on the County Council so to do. In contrast, the County Council has a duty to produce and thereafter to maintain an up to date Definitive Map, by the making of orders under the Wildlife and Countryside Act 1981. It has already been agreed that the publication of an up to date Definitive Map is a priority of the Rights of Way Section and it follows that claims for changes to the map need to be dealt with in order to update that map once published.

2. Previous policy

2.1 Hampshire County Council's previous policy has been to entertain and consider all diversion applications and to recommend that a diversion order is made in those cases where the statutory criteria are met. However, processing these applications diverts resources from the statutory duties which are now the priority of the section and in respect of which there is an acknowledged backlog.

3. Proposed new policy

3.1 It is proposed that, until the current review of the Definitive Map has been completed, diversion applications under the Highways Act are accepted and processed only where the diversion is clearly in the interests of the public.

3.2 A diversion will be considered to be in the interests of the public if it materially enhances or improves the network for the public. The following factors will be taken into account in considering whether or not a proposed diversion is in the interests of the public:

3.2.1 The avoidance of imminent danger to the public where other remedial health and safety action is not appropriate

3.2.2 The opening up a path blocked by long term obstruction due to permanent buildings or other substantial development

3.2.3 The moving of a path so as materially to increase public enjoyment (for example by providing views or opportunities to observe wildlife etc or to avoid permanent water logging)

3.2.4 The removal of a real sense of invasion of privacy for the public (not just a perceived one by the applicant) where this is a serious deterrent to use which it has not been possible to overcome through clear signing and way marking

3.2.5 The opening up the network by the provision of an important link to the rest of the network not provided by the existing path.

3.3 It is intended that the interpretation of `interests of the public' should be broad. The policy is intended to prevent officer time being spent on applications to divert paths away from new structures such as extensions to properties or gardens or the because of the proximity of paths to new swimming pools or tennis courts for example. However, farmers and landowners who wish to divert paths for sound agricultural purposes should not be prevented from doing so if the alternative is perfectly satisfactory, provides a more enjoyable route or is less of an impediment to free passage for users.

4. Clarification of basic criteria

4.1 The following basic criteria are also expected to be met on any diversion application:

4.1.1 Statutory criteria complied with (s119 Highways Act 1980)

4.1.2 Definitive line open and safe to use (except where affected by substantial obstruction due to permanent buildings or other development, but not any development put in place with a view to forcing a diversion)

4.1.3 Status not in dispute

4.1.4 Applicant known to keep rights of way on land in their ownership clear and safe to use

4.1.5 Applicant willing to meet costs up to the maximum permitted by the Local Authorities (Recovery of Costs for Public Path Orders) Regulations 1993.

4.2 Applications will not be accepted as a means of avoiding obstructions or nuisances which can readily be removed, nor in lieu of the correct procedures under the Town and Country Planning Act 1990 to divert paths affected by development.

5. Diversions promoted by the County Council

5.1 In addition to considering applications from landowners which significantly enhance or improve the network for the public, the County Council will, as resources permit, be proactive in promoting diversions which meet this objective. Nothing in this policy is intended to prevent the County Council promoting a diversion where it considers it expedient do to do.

6. The policy in practice

6.1 Any person seeking a diversion should provide the County Council with reasons why he or she considers that the diversion is in the interests of the public and a site visit will be made if the policy criteria appear to be met. In respect of those applications considered to be clearly in the interests of the public the application will be accepted, consulted on and a report presented to the Regulatory Committee for consideration.

7. Diversions by District Councils

7.1 Diversions necessary for the implementation of development for which planning permission has been given are made by District Councils under s.257 Town and Country Planning Act 1990. District Councils may also make diversion orders under s.119 Highways Act 1980 and nothing in this policy is intended to restrict their power to do so.

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