Archived decisions
Hampshire County Council Item 5
Regulatory Committee 8 January 2003
Claim to upgrade and increase the recorded width of Footpath 11 in the Town of Totton and Eling
Report of the Director of Recreation and Heritage
Contact: Alex Lewis, extn. 6044
WILDLIFE AND COUNTRYSIDE ACT 1981
53. Duty to keep definitive map and statement under continuous review
(2) As regards every definitive map and statement, the surveying authority shall keep the map and statement under continuous review and as soon as reasonable practicable after the occurrence .... of any of [the events specified in sub-section (3)] by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event
(3) The events referred to in sub-section (2) are as follows -
(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows:-
(ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description
(iii) That there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map or statement require modification
HIGHWAYS ACT 1980
31. Dedication of way as a highway presumed after public use for 20 years
Where a public way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has actually been enjoyed by the public as of right and without interruption of a full period of 20 years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during this period to dedicate it.
PRESUMED DEDICATION AT COMMON LAW
Use of a way by the public without secrecy, force or permission of the landowner may give rise to an inference that the landowner intended to dedicate that way as a highway appropriate to that use, unless there is sufficient evidence to the contrary. Unlike dedication under s.31 Highways Act 1980, there is no automatic presumption of dedication after 20 years' public use, and the burden of proving that the inference arises lies on the claimant. There is no minimum period of use, and the amount of user which is sufficient to imply the intention to dedicate will vary according to the particular circumstances of the case. Any inference rests on the assumption that the landowner knew of and acquiesced in public use.
1. Summary
This report concerns an application to upgrade Footpath 11 in Totton to a bridleway and to amend the Statement to record the width of the path as the whole width between the boundaries.
Whilst there is some historic evidence to support the Applicant's case it is not sufficiently cogent to justify the making of an order to upgrade the footpath. However, there is evidence of unchallenged use of the path by bicyclists during the years 1964 - 1984 such as to raise a presumption that carriageway rights were dedicated over a path 3.07 metres (10 feet) wide. It is recommended that an order be made to upgrade Footpath 11 to a Byway Open to All Traffic 3.07 metres wide.
2. Background
2.1 Footpath 11 runs through an area of land known variously as Stroud's Green, or Moore's Field and shown hatched on the attached plan. The land amounts to just over 5½ acres and has boundaries which have remained unchanged for many years. For simplicity, the term Stroud's Green will be used when referring to this site, but it is acknowledged that this name is not universally accepted as being the correct name for the area.
2.2 In 2000 planning permission was granted for the erection of 69 dwellings on land which includes that part of Stroud's Green south of point B. The proposed development makes provision for a footpath on the line of Footpath 11, but the loss of the greenfield site, which appears to have served for some years as a local, informal recreational amenity, has proved controversial and caused some local ill feeling.
2.3 In 1999 an application was made to the County Council under s.13 Commons Registration Act 1965 for the registration of Stroud's Green as a town or village green. A public inquiry into the application was held in February 2001. Following the Inspector's report and an opinion subsequently taken from Queen's Counsel, the Rights of Way Panel rejected the claim on the grounds that the land had not been used as a green for the requisite period of twenty years. A subsequent application under the same Act was rejected as being not duly made.
2.4 The present claim, made under s.53(5) Wildlife and Countryside Act 1981, was made in July 2001. Construction of the dwellinghouses commenced in 2002. The path is temporarily closed so as to ensure the safety of the public whilst construction work is taking place.
3. The Applicant and the Application
3.1 The Applicant is Mr Alex Shepherd of Hamtun Gardens, Totton.
3.2 The formal application is "to upgrade to a bridleway the bridleway (sic) from Salisbury Road to Greenfields Avenue", although the Applicant appears to be suggesting that some of the evidence shows that Stroud's Green was an all-purpose highway. Further, the Applicant claims that there should be a variation of the particulars relating to the bridleway (sic) by providing that "the correct width is recorded on the Definitive Map". The Applicant contends that the correct width of the highway is the whole width between the boundaries of Stroud's Green (i.e. that the full 5½ acres is highway).
3.3 Many documents have been submitted in support of the application. Some of these relate to the history of the path and go back several hundred years. The `once a highway, always a highway' rule means that the maps and written documents alone may be sufficient to prove the dedication of bridleway or carriageway rights, or the width of the highway. If not, statements about the use of the path by living witnesses may show that rights have been dedicated in recent years over a route that is the same width or wider than the path currently recorded.
3.4 Documents submitted by the Applicant in support of this application are listed at Appendix 1. Many of the documents do not relate directly to the issue which this committee is required to determine, such as, for example, the user survey forms collected in preparation for the application to register the land as a town or village green, which do not necessarily disclose any information which relates to use of Footpath 11 as a highway. Nonetheless, some of the background information has been useful in evaluating the more pertinent items of relevant evidence and credit must be given for the thoroughness with which the application has been researched. Although all the documentation has been examined and taken into account in the making of the officers' recommendation, this report will detail only those items of evidence which are directly relevant to the issues of width and status.
4. The Landowner(s)
4.1 The registered owner of Stroud's Green (and other, adjoining land) is Linden Homes Southern Limited of Linden House, 14 Bartram Road, Totton. Part of the site (between points B and D) is reputed to have been sold recently to a company known as Kingsoak Homes Limited. The properties being erected on the site are being marketed under the Kingsoak banner, but at the date of writing this report no such transaction has been deposited with the Land Registry for registration. A restriction in favour of Kingsoak Homes Limited appears on the title, but the exact nature of Kingsoak's interest in the land is unknown.
4.2 Both Linden Homes (Southern) Limited and Kingsoak are represented by Larcomes, solicitors. In a statement dated 25 June 2002, objecting to the present application they set out grounds of opposition to the claim. First, they argue that use by bicycles cannot give rise to a bridleway and, in any event, there has been no material use of the bridleway by horses. Secondly, they refer to a finding of fact, made by the inspector at the village green application, that use of Stroud's Green prior to 1982 was restricted to the recognised footpaths and that use on other land after 1982 was not as of right. Thirdly, they refer to the estimates given by the Applicant's witnesses of the width of the path which range from 1.5 metres to 5 metres, considerably narrower than the width claimed by the applicant, making it clear that the witnesses distinguish between the width of the track used as a footpath and the surrounding open land recently used for informal recreation. Finally, in dealing with the turnpike evidence submitted by the Applicant (considered at paragraph 8.12 below) they argue that there is no evidence to show that the application land was ever a turnpike road, and the suggestion that it was is inconsistent with the application for modification of the map to a bridleway. Further, they argue that none of this evidence supports the width claimed.
4.3 Larcome's comments on the draft of this report are at paragraph 13.
5. The Claimed Path
5.1 The claimed path runs between Salisbury Road and Greenfields Avenue in Totton. Footpath 11 is currently unrecognisable between points B and C on the attached plan as it has been subsumed by the building works on either side. Prior to the commencement of the development works the whole route consisted of a well defined gravel track running through an area of uncultivated grassland.
5.2 The path is shown on the county's first definitive map of public rights of way, which has a relevant date of 20th April 1953 and on the first review of that map dated 1 May 1958. On these maps, the path did not terminate at Greenfields Avenue as it does today, but continued southeastwards to Testwood Lane. This part of the route was stopped up by an order made in 1960 to allow the development of Greenfields Avenue to take place.
5.3 The current definitive statement for the path reads:
"From A36, north of Oakfield Farm, to Greenfields Avenue
From A36 through gap northeastwards and then southeastwards along gravel road 10' wide, enclosed approx. 30' wide between hedges, along road enclosed 20' to 30' wide between hedge and wire fence, then southwards along road enclosed between wire fences west of Testwood House Farm, through gateway, along road to Greenfields Avenue"
5.4 The definitive statements for the county's rights of way network were not re-written on either of the two reviews that have taken place except where necessary to reflect a change in the network following a diversion or other legal change. The present description therefore reflects the path as it appeared in the early 1950s, the only difference between the present (1964) statement and the two earlier statements (made prior to the construction of Greenfields Avenue) being that, instead of the words `...to Greenfields Avenue', the words `enclosed from 20' to 30' wide between hedge and wire fence and through gateway to U141' were used.
6. The issues to be decided
6.1 The issues to be decided by this committee are:
6.1.1 whether there is evidence to show that Footpath 11 ought to be shown on the definitive map as a highway of a different description i.e. as bridleway or Byway Open to All Traffic and
6.1.2 irrespective of whether there should be any change to the recorded status of the highway on the definitive map, whether there should be a modification to the definitive statement to reflect the correct width of the path.
6.2 Any changes to the definitive map must reflect public rights that already exist. It follows that changes to the definitive map must not be made simply because such a change would be desirable, or instrumental in achieving another objective. Therefore, before an order changing the definitive map is made, Members must be satisfied that public rights over and above those presently recorded over Stroud's Green have come into being at some time in the past. This might be in the distant past (proved by historic or documentary evidence) or in the recent past (proved by witness evidence).
6.2.1 Historic and documentary evidence has been examined to see whether the past history and use of the path points to its having bridleway or vehicular rights as a result of dedication in the distant past. Any such rights are not lost merely through disuse. Unless stopped up by due process of law any rights previously dedicated will still exist, even if they are now neither used nor needed. This evidence must be looked at as a whole, it being unlikely that a single document or map will provide sufficiently cogent evidence to justify a change to the definitive map and statement. This type of evidence may disclose rights other than those claimed by the applicant, for example in this case they may show that Footpath 11 is an old road for vehicles, not merely a footpath or bridleway. The County Council is under a duty to record such rights as are found to exist, even if they are not claimed by the applicant.
6.2.2 Evidence forms and statements taken from those who have used the path or have knowledge of it in living memory can show that higher rights have been acquired as a result of a recent dedication at common law, or a deemed dedication under s.31 Highways Act 1980. It may not be necessary to examine this type of evidence if the historic and documentary evidence shows that higher rights were dedicated in the past and still subsist, although the user evidence may add credibility to the earlier evidence of dedication. This type of evidence is also useful in determining the width of the path.
6.3 The burden of proof in these matters is `on the balance of probabilities', so it is not necessary for evidence to be conclusive before a change to the definitive map can be made. If there is genuine conflict in the evidence, for example between the evidence of users on the one hand and landowners on the other, Members should make an order so that the evidence can be tested at a public inquiry. However, this is appropriate only if an order could otherwise properly be made and it is not a step which should be taken simply to avoid making a difficult decision.
6.4 The originals of many of the documents referred to in this report are only available in public record offices, but copies, transcripts or tracings of most documents are available for inspection in the offices of the Rights of Way Section, as are witness evidence forms and statements. Members are urged to inspect these, or the originals, when considering this report.
7. Consultation
The following persons and bodies have been consulted about the application, namely the Director of Environment, Ramblers Association, Byways and Bridleways Trust, British Horse Society, Open Spaces Society, Councillor Bright the local member, Trail Riders Fellowship, Cyclists Touring Club, LARA, New Forest District Council and Totton Town Council. The following responses have been received:
7.1 Open Spaces Society - has no evidence to offer
7.2 Councillor Bright - supports the application. Has used the path himself and knows others who use it. He has not used it on a bicycle himself, but his wife has done so in the past.
7.3 County Council (Ecology) - There is no firm ecological evidence to prevent the upgrading to a bridleway and the area is not covered by any nature conservation designation. However, the widening of the path might destroy any ecological value that might exist and so would not be welcomed
7.4 Trail Riders Fellowship - has no evidence to offer
7.5 Ramblers' Association - supports the application but has no evidence to offer.
8 Historic and documentary evidence
8.1 It is the Applicant's case that Stroud's Green was open and unfenced from time immemorial until the Second World War and was freely available for use by travellers and their animals for rest or for grazing. The whole width of the land between the boundaries is a highway which was part of the local road system under the jurisdiction of the Sarum and Eling Turnpike Trust, which was formed in 1753.
8.2 Until construction of Greenfields Avenue in approximately the mid 1950s Stroud's Green comprised both the land hatched blue on the plan and 6 acres to the south, between Footpath 12 and Testwood Lane. The whole has been recognisable as a distinct entity for at least two hundred years. In the following paragraphs references to Stroud's Green include both the area hatched on the plan and, prior to the construction of Greenfields Avenue, the land to the south of Footpath 12. Appendix C is a map showing the location of some of the features referred to in the following paragraphs.
8.3 1755 - Map of the Manor of Testwood
This is a map entitled "Map of the Manor of Testwood in the Parish of Eling in the County of Southampton belonging to Peter Searle Esq.", plotted in 1755 and is clearly part of an estate survey, although the written record which would have accompanied the plan has not survived. The map shows field parcels and acreages and names, presumably of the occupiers of various plots. The map is interesting in that, like the New Forest today, it shows an essentially open landscape out of which certain areas were taken piecemeal into enclosures. Stroud's Green is shown, apparently as a remnant of the open land, leading seamlessly into Testwood Lane to the south and into the Salisbury Road via what are now Footpaths 11 and 12. Beyond Salisbury Road the unenclosed land continues west towards Calmore and south towards Hammonds Green. The extent of Stroud's Green is a little less than today, as a parcel of just over an acre of land was fenced out of the green, on its western boundary (the same parcel appears on the tithe maps some ninety years later, but it has disappeared by 1870). The map shows a track, named `Hawks Lane' starting at Hammonds Green and running northeastwards to Salisbury Road, to point X on the plan, nearly opposite Footpath 12. This may be significant in the interpretation of the perambulation, discussed at paragraph 8.8 below. Hawks Lane, Salisbury Road (marked `Testwood Lane' south of point X) and Testwood Lane are coloured brown. There is no brown colouring within Stroud's Green itself.
8.4 There is a presumption that the extent of a highway is the full width between its boundaries. This presumption is rebuttable and will not apply if the boundaries on either side were erected for some reason other than to fence out the highway. This map suggests that the distinctive shape of Stroud's Green was caused by the taking of surrounding land unto inclosures rather than the deliberate separation of land from an adjoining highway.
8.5 1759 - Taylor's map
This is a small scale map which is one of the earliest commercially produced maps which show roads. The River Test is shown clearly as is its tributary the River Blackwater. Redbridge is marked, where the Test enters Southampton Water. A road leads westwards from the bridge towards Cadnam, and from this two roads lead northwestwards out of what is now Totton, joining together at a point marked `G. Testwood'. One of these roads is almost certainly the A36 Salisbury Road. The other would appear to be the southern part of Testwood Lane and a track which follows the alignment of Footpath 11. It is likely that only roads or tracks of some physical or strategic significance would be shown on a map of this scale and so this map tends to suggest that higher rights might have existed over Footpath 11. However, the map cannot of itself prove the status of features shown on it.
8.6 1792 - Milne's map
Although produced and surveyed independently, this map is similar to that produced by Issac Taylor in that it shows two routes leading out of the Redbridge to Cadnam Road and meeting at Great Testwood. Although the configuration is not exactly correct (which might be explained by primitive mapping techniques or by the fact that the roads were indeed on a different alignment), it too suggests that there was a route from Totton along the southern part of Testwood Lane and broadly on the alignment of Footpath 11 to Great Testwood. The same comments apply to this and the following map as applied to Taylor's map, namely that the scale of the maps is such that only routes of some significance are likely to be shown. However, as with Taylor's map a caveat applies: these maps do not prove whether the routes shown on them are public, or private, footpaths or bridleways. The key to this map shows that the Footpath 11 route was plotted as an unenclosed road, but makes no other comment on status.
8.7 1808 - Perambulation of the Manor of East Totton
It was common practice for there to be an annual perambulation of the boundaries of a parish or manor or other estate. In support of his claim, the Applicant has produced a transcript of what purports to be a perambulation of the Manor of East Totton, which took place in 1808. This evidence should be treated with some caution as the original has not been, nor apparently can be, produced. The route taken by the perambulation can be traced by reference to current and old mapping (the maps at paragraphs 8.3 and 8.26 of this report are particularly useful).
8.8 The most relevant section of the perambulation is that which reads "...down the watercourse to the corner of Hawkers Lane down the lane and under the west hedge of Hawkers Ground into the Salisbury Road across the road into Deverells Lane down the lane into Stroud's Green across the Green to the east hedge adjoining Deverells Field, down under the said hedge across the road at the bottom of Stroud's Green into Stones Ditch onto Glebe Land...". The Applicant has produced a plan showing what he believes to have been the route of the perambulation. If correct, this would have involved a crossing of the Salisbury Road (A36) at point A on the attached plan and a route along the eastern boundary of Stroud's Green and the ditch at the rear of the properties now in Greenfields Avenue to Testwood Lane. It follows, from this interpretation of the route, that `Deverell's Lane' is likely to be the northernmost part of Footpath 11 (points A - B) .
8.9 The perambulation refers to `Hawkers Lane'. Officers differ from the Applicant in their view of the location of this feature. There is no contemporaneous map showing the location of Hawkers Lane. The Applicant considers that it was located at the rear of the properties now erected on the southern side of Stanley Road, and bases this view on the recollections of local people. However, the 1755 map, already considered at paragraph 8.3, shows a `Hawks Lane' which joins Salisbury Road at point X on the attached plan, close it its junction with Footpath 12. Officers consider that this is the more likely point of entry onto Stroud's Green. First, it ties in more neatly with the words in the perambulation ("crossing Stroud's Green": the Applicant's route takes one along the length of Stroud's Green). Secondly, it is apparent from later conveyancing documents that the land north of Footpath 12 has been in different ownership from land to the south, which may reflect an ancient manorial boundary. Thirdly, it ties in neatly with the perambulation which records the progress crossing Stroud's Green `to the east hedge adjoining Deverells Field...'. Deverell's Field is believed to be the field immediately to the east of Greenfield's Avenue.
8.10 If this view is correct, then Deverells Lane would be Footpath 12 (a prominent feature on early maps, which seems to have become less significant with time), and the perambulation sheds no light on the status of Stroud's Green, although it confirms that the name was in use at the beginning of the nineteenth century. If the Applicant is correct in his view of the entry point of Stroud's Green, the reference to Deverell's Lane would be a reference to Stroud's Green north of point B and would suggest that it was a thoroughfare of some sort.
8.11 1810 - Ordnance Survey one inch map and drawing
This map reflects the greatly improved mapping techniques that were practised by the Ordnance Survey and as a result much more reliance can be placed on it as an accurate representation of the topographical features present at the time of the survey. The map was derived from a survey and drawing at two inches to the mile and reflects a landscape in which large tracts of land were open, and roads and tracks across them unenclosed. The map shows Testwood Lane as we know it and a track leading out of it on the line (so far as it possible to tell at this scale) of Greenfield's Avenue and Footpath 11. South of footpath 12 the track is unenclosed, north of this it is not possible to be sure whether what is being represented is a very wide track, or simply an enclosed area of land (the area hatched on the attached plan) with tracks feeding into it. It is apparent from this map that roads were not of a uniform width and there are many examples of roads widening and narrowing throughout their length as land around them was fenced in. Highway rights may, or may not, have been exercised over the full width between the boundaries.
8.12 1753 - 1869 Minutes of the Sarum and Eling Turnpike Trust
Many Turnpike Trusts were set up in the eighteenth century in order to finance improvements to the roads running between towns and cities. The trusts derived their powers from Acts of Parliament which entitled the trustees to charge tolls for use of the roads in order to recover the capital costs of the improvements. The A36 Salisbury Road is one of the roads which was repaired and managed by this trust between 1753 and 1869. Tolls were collected at gates erected across the road at various places. To prevent travellers avoiding the payment of tolls, side bars, or gates could also be erected across minor roads at their junctions with the principal route.
8.13 Extracts from the minutes of this turnpike trust have been submitted by the Applicant, who claims that the Trustee's powers also extended to Stroud's Green. If this is correct, then it follows that Footpath 11 was an all purpose highway and should be recorded on the Definitive Map as a Byway Open to All Traffic. Either way, the minutes are very important evidence in establishing the past use and history of the path
8.14 The minutes do indeed, contain a number of references to Stroud's Green, but in the view of the investigating officer these do not suggest that Stroud's Green itself was part of the turnpike road. Instead the minutes show that the trustees had a problem with people by-passing the tollgate in Totton (and thus avoiding payment of the tolls) by using a route or routes through Testwood.
8.15 The original tollgate in Totton (the Totton Gate) was erected across the A36 in what is now Commercial Road, near Lloyds Bank. To prevent people avoiding tolls by passing around this gate, a side gate or bar was erected a few yards to the east, across the entrance to Testwood Lane. However, this side gate caused some difficulty to the occupiers of Testwood Mill, a short distance north of the gate, who had to pass through the side gate every time they needed to go to and from their property towards Southampton. In 1762 Peter Searle, the owner of the Testwood Estate and also a trustee of the Turnpike Trust, arranged for the side gate to be moved and re-erected elsewhere in Testwood Lane. The relevant entry in the minutes for 29th July 1762 reads:
"Peter Searle Esq. At the last meeting having offered to build a lodge at his own expense in that part of Testwood Lane leading to Strouds Green where his grounds lay on each side and that his servant attending at such lodge shall collect the tolls without any expense to the trust and duly account for the same on oath as often as required
Ordered
That upon that condition as soon as the said lodge is erected the side gate now set up in Totton Street on the east side of the principal gate shall be removed and set up in that part Testwood Lane leading to Strouds Green where the said lodge shall be erected (Mr Serle being at the expence of moving and setting up the same)".
8.16 It is not certain exactly where this gate was erected. If it did have a curative effect it was short lived, as the evasion of tolls continued to be a problem. An entry for 17th May 1816 reads
"Mr Bradley the renter of the Tolls of the Alderbury etc. gates having represented to this meeting that there has been great evasion of the tolls at Totton Gate by persons passing out of the same and again returning into the Turnpike by a lane leading to part of Testwood. It is also ordered that a gate or bar be also erected in the side of the said road cross a lane leading out of the said road near some cottages and the seventeen mile stone from Sarum but so as the same shall not extend to a double charge in passing the gates on the said Turnpike -and that the occupiers of the mill and cottages before mentioned be exempt from paying any tolls at the said gate or bar and also the horses and carriages passing to and from the same and that such exemption should also extend to such horses carts and carriages coming from the neighbourhood as have usually passed on such new road and shall not go onto the Turnpike to any distance exceeding one hundred yards."
8.17 Later still, there are further entries (16th July and 25th July 1835) which record the steps being taken to prevent toll evasion, which continued to be a problem. Amongst these entries are two which read:
"It having been represented to this meeting that persons evade toll payable at the Totton Gate by passing over a public road leading to Stroud Green called Testwood Lane. It was resolved that Mr Aldn Paine and Mr John Cooe be requested to view the spot and to report to the next meeting their opinion as to the expediency of erecting a bar at or near to the commencement of the said Lane by the Turnpike Road",
and
"Mr Alderman Paine reported that in pursuance of the resolution of the last meeting he and Mr John Cooe had viewed the land called Testwood Lane leading from the Turnpike Road near Totton to a place called Stroud Green and that in their opinion it was expedient to erect a bar across the Turnpike Road near to the entrance to the said Lane to prevent the evasion complained of whereupon it was ordered that notice be given of the intention of the Trustees to consult at the next meeting as to the erection of a bar one hundred yards or thereabouts to the west of the entrance to Stroud Green...".
The time and place for the proposed consultation was advertised in the Winchester and Salisbury Journal of 10 August 1835, which records that the proposal related to a gate "at or near a place called Little Testwood".
8.18 It is clear from these entries that Testwood Lane was being used to avoid passing through the Totton Gate but it is less obvious whether and, if so, to what extent Stroud's Green was also being used for this purpose. Stroud's Green is referred to in the minutes as a means of identifying the location of gates, not specifically as the route being taken by toll evaders.
8.19 The answer may lie in the location of the tollgates. The tithe map (1842), deposited plan (1845) and the 1870 Ordnance Survey map show that there were two toll bars or gates in Testwood. One, known as the Great Testwood gate, was located at the western end of Testwood Lane, at its junction with Salisbury Road. It appears to be a side gate, built across Testwood Lane rather than across the turnpike road itself. The second was known as the Little Testwood Gate and was located across Salisbury Road, just north of Stroud's Green. None of these maps are exactly contemporaneous with the minutes of 1816 and 1835 and the possibility that the gates were established, but then moved, prior to 1845 cannot be excluded, although it is unlikely.
8.20 The Applicant is of the view that all the tollgates were in position by approximately 1762, but officers prefer a contrary view. From a reading of the complete minutes, it is considered likely that the Great Testwood gate was the first of the two to be erected, as a result of the concerns expressed in the minutes of 1816, and intended to prevent Testwood Lane being used to avoid the Totton Gate. The fact that, only a few years later, the trustees felt it necessary to erect another gate north of Stroud's Green, at Little Testwood, suggests that evasion continued. Had Stroud's Green itself been a turnpike road, as alleged by the Applicant, then use of it should not have been a misdemeanour needing to be remedied.
8.21 The implication has to be that by 1835 Stroud's Green itself was being used by the toll-evaders. This does not necessarily mean that Stroud's Green was a public highway - there are examples elsewhere in the minutes of the Trust of people circumnavigating other tollgates by travelling over private land. However, it does show that Stroud's Green could be, and probably was, used by traffic which would ordinarily have used the turnpike road. Had Stroud's Green been recognised and used as an all purpose highway from the outset, then it is surely more likely that the gate erected in 1816 would have been placed at the northern end of Stroud's Green. The fact that it was placed at the western end of Testwood Lane is perhaps indicative that until 1816 Testwood Lane was the preferred route for avoiding tolls, and not Stroud's Green. The minutes do not allow us to be sure, but there has to be some doubt about the extent to which the turnpike evidence supports the Applicant's case.
8.22 1826 - Greenwood's map
This map carries the same evidential weight as Taylor's and Milne's map, considered above. It records the distinctive shape of Stroud's Green and an unenclosed path running through it, on the line of Greenfields Avenue and Footpath 11. It does not add greatly to our knowledge of the path. It is however, interesting to note that, in contrast to the earlier commercial maps, this map does not show Footpath 12 between Salisbury Road and Footpath 11.
8.23 1845 - Tithe Map and Apportionment
The Tithe Commutation Act of 1836 introduced a scheme whereby all tithes were converted from a payment from the produce of land to a money payment. The maps and awards prepared under this Act were prepared under statutory authority and were open to public scrutiny and are thus a reliable source of information about land use. Although they do not provide conclusive evidence about the existence of public highways, they can nonetheless provide indirect or supportive evidence about the history and status of a route, not least because public highways which were not titheable are generally found outside titheable plots.
8.24 The Eling tithe map shows Stroud's Green. The land which is now Greenfields Avenue is given the plot number 670. The major part of the hatched land is given the plot number 663. Both are listed in the award as `Strouds Green' and shown as being under pasture, although they have different owners. The inclosure of a piece of land of approximately one acre on the western boundary of the green, which appears on the 1755 estate plans, is also shown on this map. It is named `Walnut Tree Piece' and was titheable. Neither the map nor the award suggest that public highway rights existed across the land. However, the tithe commissioners were concerned only with matters which would have affected the value of tithes and would not necessarily have recorded rights which had no effect on the tithes payable and so this map does not prove that there were no public rights over Stroud's Green. However, had Stroud's Green been in use as an ancient highway, as is, suggested by the Applicant, it is somewhat surprising that this is nowhere apparent in the tithe documentation.
8.25 1845 - Wilts, Somerset and Southampton Junction Railway Deposited plan
This map, deposited when it was proposed to construct a new railway through Totton, is of limited help in determining the claim as it concerns land to the southwest of Stroud's Green. However, it does show the location of the Great and Little Testwood Tollhouses and is thus of use in interpreting the minutes of the Turnpike Trust referred to above.
8.26 circa 1870 - Ordnance Survey County Series Map First Edition
This map is very useful in providing a detailed picture of the landscape at the time of the survey. It shows the location of the three turnpike gates which are referred to in the minutes. It shows Stroud's Green, north and south of Footpath 12 and the track which is now Greenfields Avenue and Footpath 11. Stroud's Green is given a single parcel number, 759. This is recorded in the accompanying Book of Reference as `Pasture, & c.'. This adds little to our knowledge of the status of the track and does not add any weight to the view that it was an ancient all-purpose highway or alternatively a bridleway. The map shows that Stroud's Green, including the path, was fenced or gated at its junction with Salisbury Road and that there was a fence, hedge or ditch along the boundary with Testwood Lane, although no structure across the track itself at this point.
8.27 1871 - Estate map
This map is entitled `Plan of the Testwood Estate in the Parish of Eling Hampshire the property of Miss Sturges-Bourne from a survey in 1871'. It shows Stroud's Green north and south of Footpath 12, and records that the land to the south was owned by Henry Compton Esq. North of Footpath 12 it is recorded as a numbered parcel (50), but the significance of this is not apparent without the written survey which must originally have accompanied the map. An unenclosed track, of cart width, runs through the plots on the line of Greenfields Avenue and Footpath 11. This map shows a fence or hedge on the southern boundary of Stroud's Green with Testwood Lane (although not across the track) and a physical boundary on the Salisbury Road boundary of the land but again, not across the track itself.
8.28 1909 - Ordnance Survey County Series map third edition
The distinctive shape of Stroud's Green remains and the track through it remains unenclosed and on the same alignment as on the 1870 edition of this map. There appear to be gates or barriers at three points along the track; at its junction with Salisbury Road, just to the south of Footpath 12 and at its junction with Testwood Lane.
8.29 1909/10 - Records from the Finance Act
The records for this area are incomplete. One county series sheet at the public Record Office at Kew shows that Stroud's Green south of Footpath 12 was part of parcel 864, and north of Footpath 12 it was part of a much larger parcel, numbered 337. However, without the relevant field and valuation books this information is of no assistance to the claim.
8.30 Other Ordnance Survey maps
The fourth edition of the County Series map, published in 1933 shows pre-war development on either side of the A36 but no material changes to Stroud's Green or the track through it, which remains unenclosed and gated at each end and south of Footpath 12. A change appears on the 1942 revision of this map, which shows that part of the Stroud's Green, to the west and southwest of the track, has been fenced off from the track to form separate fields, one to the north of Footpath 12 (between points B and C) and one to the south. The National Grid 1:2500 Series revised in 1957 after Hamtun Gardens and Hamtun Crescent had been built, but before the construction of Greenfields Avenue, shows that two further parcels of land, this time to the to the east of the track between points B and C, had by then been fenced. The track appears to be gated only at a point immediately to the north of Footpath 12. For the first time, a substantial pond is shown to the west of the track, opposite the entrance to the barns belonging to Testwood House Farm.
8.31 In summary, the Ordnance Survey large scale mapping between 1870 and 1957 shows that there has been very little change in the shape and extent of Stroud's Green and little or no change in the route or width of the track which runs through it.
8.32 Aerial Photographs
A number of aerial photographs of Stroud's Green have been examined, including a photograph dated 17th October 1945 which was been submitted with the application. This covers the major part (although not all) of Footpath 11 and Stroud's Green. The picture of the landscape is consistent with the 1942 Ordnance Survey Map and the track which is Footpath 11 is very clearly defined. The pattern of wear on the track suggests that most of the use was in connection with the farm, as the track across the farm entrance is less well defined than the branches of it which swing eastwards into the farm. Later aerial photographs show the track clearly, but there is insufficient additional detail to be of assistance to this claim.
8.33 National Parks and Access to the Countryside Act 1949
The Rights of Way section's parish files show that in November 1948 Eling Parish Council claimed Footpath 11, between Testwood Lane and Salisbury Road, as a Right of Way. There is no evidence to show what class of right of way was intended, but the path was shown on the first definitive map as a footpath and there is no evidence to suggest that this status was disputed at that time. The first quinquennial review made no change to the path, but following the construction of Greenfields Avenue the path was shown on the second quinquennial review in 1964 terminating at Greenfields Avenue rather than Testwood Lane.
8.34 On two occasions since 1964 the Ramblers' Association has undertaken an informal survey of the rights of way in the county and produced descriptions of paths as they appeared, in first case in 1978 and in the second in 1985. The former describes Footpath 11 as
"From junction with A36 northeastwards for approx. 60 metres and then East South East for further 150 metres on 2 metres wide gravel road between grass verges and hedges. Path continues East South East on same gravel road for further 150 metres approx. with hedges to left and barbed wire fence with field beyond to right. Path turns right to South South East and continues on 2 metres wide gravel road between barbed wire fences to junction with path No. 12 at 3548.1428 and then between fences of properties to Greenfields Avenue".
This description confirms the existence of fences on either side of the path as it passes the farm and farm buildings south of point B, and makes no mention of gates or barriers on the path. The 1985 description reads
"From A36 over stile beside locked field gate NE on 2m wide gravel between grass verges and hedges varying from 10 up to 30 metres apart for about 70m and ESE for about 180m, then between hedge L and fence R 5 - 8 m apart for 120 m, then turns SSE similarly between fences 5m apart for 190m to cross F.P. 12 and pass through wide gaps either side of locked gate and stile, then 2m wide gravel path between properties for 35m to Greenfields Avenue'.
8.34 Other relevant sources
There are a number of photographs from the 1970s and 1980s which show Footpath 11 and/or Stroud's Green. These show post and barbed wire fences on either side of the track by the farm and are consistent with the Ordnance Survey maps since 1960 and the recollections of many of the users which are considered in paragraph 11 below.
8.35 A copy of the tenancy agreement of Testwood House Farm granted to Mr Moore in 1934, shows that all of the hatched land and the land which is now Greenfields Avenue was included in his tenancy. The agreement does not contain any reference to present or future rights of way within the farm.
8.36 A number of documents were submitted by the Applicant which have not been considered above, primarily because they do not add greatly to our knowledge of Stroud's Green as a highway and do not warrant separate comment. However, the Applicant claims that an entry in the 1858 `New Forest Register of Decisions on Claims to Forest Rights' shows that grazing rights existed over Stroud's Green and cites this as supporting the view that Stroud's Green was open land and thus public. This document lists the tithe parcel numbers of land with the benefit of certain forest rights (`Lands or Tenements in respect of which Claim has been Allowed or Amended'). Parcels 663 and 662 on the tithe map (Stroud's Green north of Footpath 12 and Walnut Tree Piece) are both shown as having a `Common of Pasture'. The land over which this right is exercisable is not identified, but is presumably land within the perambulation of the forest. It is the view of officers that this document records private rights of which Stroud's Green has the benefit, not public rights to which Stroud's Green was subject. Thus it does not support the view that Stroud's Green was open to the public as claimed, but rather that Stroud's Green was not then regarded as a highway, as it is unlikely that a highway would have the benefit of grazing rights on the forest.
9. Conclusions from the historic and documentary evidence
9.1 A number of documents support the view that Stroud's Green, or part of it, was an ancient highway. Taylor's map, Milne's map and the Ordnance Survey map of 1810 show Stroud's Green in a way that is suggestive of an all purpose highway and an integral part of the highway network. This view is to some extent supported by the turnpike evidence, which, although it does not, in the opinion of officers, provide evidence that Stroud's Green was part of the turnpike network, nevertheless suggests that it was being used by travellers to avoid the tolls payable at the gates on or by Salisbury Road.
9.2 The early maps are open to the criticism that they do not distinguish between public and private routes, and merely recorded features that were present on the ground. The turnpike evidence is also far from proving that Stroud's Green was an old highway because it may have been used unlawfully without having been a public highway at all. Despite this, these documents, are suggestive of Stroud's Green being an all purpose highway. They certainly warrant serious consideration and cannot be dismissed lightly.
9.3 However, the evidence must be looked at as a whole and later documents do not support the claim that Stroud's Green was a public bridleway or carriageway. There is a difference of opinion about the route taken on the 1808 perambulation, but even assuming the Applicant to be correct in the belief that it entered Stroud's Green at point A, the only weight this adds to the claim is the inference which can be drawn from use of the name `Deverells Lane' for part of the path. Had Stroud's Green been a public thoroughfare one might have expected the tithe map to have recorded a highway over the green, whereas shows none and the award lists it as titheable pasture. Although the 1870 Ordnance Survey map shows a track running through Stroud's Green the book of reference records the parcel as `Pasture, & c', not as a public road, which is a term used elsewhere within the book of reference. The `...& c.' element may refer to a track or roadway, but it falls far short of proof that Stroud's Green was a public highway. The Register of Claims for New Forest Rights shows that grazing rights were claimed for the benefit of the hatched land, which sits uncomfortably with the notion that it was all a public highway.
9.4 The Ordnance Survey mapping and aerial photographs are valuable in showing that the track through Stroud's Green has remained clear and that the route has remained unaltered for well over 100 years. In a way this mitigates against the claim for a right of way extending over the whole of the green because any rights acquired since the construction of the track are likely to have been limited to the track itself. The maps since 1933 are useful in evaluating the evidence of recent user considered in paragraph 10 below.
9.5 Whilst the evidence provides an early suggestion that Stroud's Green was part of the local highway network, the later maps and documents do not support that view. Taken as a whole, the historic evidence is not strong enough to justify a change to the Definitive Map.
10 Modern User Evidence
10.1.1 In certain circumstances the law will presume that a right of way has been dedicated as a result of actual use by the public in recent years. Evidence of this use takes the form of witness statements, letters written and forms signed by witnesses.
10.1.2 Dedication of a public right of way may be presumed at common law if there is direct evidence that the landowner dedicated or intended to dedicate such a highway, or if use of the way was so widespread and notorious that that the only explanation for the landowner's failure to curb it is that he intended a way to become a public highway.
10.1.3 Alternatively, dedication may be presumed under s.31 Highways Act 1980 if certain criteria are fulfilled. The nature of the way must be such that it is a highway capable of being dedicated at common law. There must be an event which brings into question the use of the way by the public and this event must be directed at and made known to users of the way. There must be use of the way by the public at large for an uninterrupted period of twenty years prior to the event which brings use of the way into question. That use must be without force, without secrecy and without permission. If all these criteria have been satisfied the law will presume that the way has been dedicated, unless there is sufficient evidence within the relevant twenty year period that there was no intention to dedicate the right of way.
10.1.4 Events which can amount to sufficient evidence that the landowner did not intend to dedicate the way to the public can include the putting up of signs which show that no right of way is acknowledged, locking gates across the way and challenging users found on the way. These acts can also bring the right of way into question. Thus, in order to decide whether dedication can be presumed to have taken place it is necessary to look both at the amount of use of the way made by the public at large and at the actions or inactions of the landowner.
10.2 The user evidence
10.2.1 438 user surveys, 32 user forms and 23 letters or statements were included with the application. Some users completed more than one survey, form and/or letter, thus the number of users is somewhat less than the total number of the documents submitted. The majority of the surveys and forms were originally submitted to the County Council in connection with the application for registration of a village green and disclose use of the land for recreation, rather than use of the land as a highway. As recreation is different in principle from the use of a linear route for passing and re-passing, these forms are generally not of assistance in determining the status and width of Footpath 11. Thus they have only been taken into account where they have disclosed use for cycling or other highway purposes.
10.2.2 Only some of the surveys disclosed some use of Stroud's Green as a highway other than a footpath. This was use mostly by cyclists, either by a tick in the box against the `cycling' option after the statement `We have indulged in the following sports and pastimes on Stroud's Green', or in answer to the question `What did you use the Green for?' There was virtually no evidence of use by horse riders or by vehicles. Questionnaires were sent by the Rights of Way section to the 109 people whose user survey forms claimed some use of the land on a bicycle. 23 forms were returned of which 16 disclose relevant bicycle use. The results of these questionnaires have been added to the use disclosed by other forms and statements and together they form the basis of the user graph at Appendix B to this report. By its very nature the graph is a generalisation, but it shows the degree and pattern of use comprised in the evidence submitted in support of the claim. 16 witnesses have been interviewed and their full statements, together with the various survey and user forms and statements can be inspected in the Rights of Way Office.
10.2.3 The earliest recorded use of Footpath 11 on a bicycle is 1937. By 1960 11 witnesses claim to have been using it, by 1970 20 users, by 1980 29 users and by 1990 28 users. There may, of course, be others who have ridden bicycles along Footpath 11 and indeed, many of the witnesses refer to the path being used by other people who have not given evidence.
10.2.4 Users do not report any difficulty in getting onto Footpath 11 with their bicycles. A few remember a field gate with a stile to the side at the Salisbury Road entrance to the path, but state that the gate was rarely if ever closed. A few claim to have cycled on the grass on either side of the track as well as along the track itself. The main reason given for using Footpath 11 was to avoid traffic on the busy Salisbury Road during a journey from the Testwood area to Totton, or for recreational cycle rides. None of the users report having been stopped or challenged by the tenant farmer, Mr Moore, prior to his death in1982, but many note that he had a reputation for fiercely protecting his land against trespassers and that he was gruff and unfriendly and sometimes carried a gun or let out his dogs to deter people from going onto his land.
10.3 The actions of the landowners
10.3.1 Before looking at the user evidence in detail it is necessary to identify which period of twenty years is relevant for the purposes of s.31 Highways Act 1980 and to do this it is necessary to see what acts or events may have brought into question the right of the public to use Footpath 11. The actions of landowners are particularly relevant, although not the only means by which the cut off date can be ascertained.
10.3.2 The identity of the freeholder of the Stroud's Green is apparent from some of the historic documentation already examined, but we do not have a complete picture of the ownership during the twentieth century. The tenancy agreement of 1934 (see paragraph 8.35 above) was granted by Peter Barker-Mill, but we have no information about his involvement in the land or subsequent changes in the ownership of the freehold until 1884, when the land was sold to a consortium of three purchasers, Messrs Green, Mooney and Snow, loosely known as GMS. In 2001 the land was sold to Linden Homes (Southern) Limited and in 2002 part of the land (so far as Footpath 11 is concerned, from point B southwards) was sold to Kings Oak. Between at least 1934 and 1983 the land was occupied by a tenant farmer, Mr Stan Moore and was part of Testwood House Farm. Mr Moore died in 1982.
10.3.3 Mr Mooney of GMS gave evidence at the village green inquiry and has made a statement in connection with this application. He states that Testwood House Farm suffered badly from trespass and vandalism when it became unoccupied late in 1984. He believes that prior to his purchase, there were large gates across Footpath 11 at its junction with Salisbury Road and approximately 30 - 40 yards north of Greenfields Avenue. His recollection, which dates back to 1954 - considerably earlier than the time of his ownership of the farm - was that the large gates were kept locked but that each gate had a smaller kissing gate at the side. In an attempt to stop intrusion after his acquisition of the land he locked the large gates, allowing access through the kissing gates at the side. The original gates were torn down and replaced a total of three time (the gates and stiles referred to in the Ramblers 1985 survey may well have been those erected by Mr Mooney at this time). He arranged for six notices saying `Strictly Private No Entry' to be erected at various locations on the farm designed to stop people going off the footpath onto the adjoining farmland but five of these, and their replacements were removed very shortly after being erected. In 1985 Mr Mooney prepared fliers warning people that they would be prosecuted if they were found trespassing off the footpaths. In 1989 he arranged for deep ditches to be dug on the eastern side of Footpath 11, to prevent the continued incursion onto the remainder of the farm, but by 1990 he recognised that his attempts to keep people away from the farm were futile and he took no further action against trespassers. He states that the fences around the small fields on Stroud's Green remained in place until 1994, by which time Footpath 11 was openly used by cyclists in addition to walkers.
10.3.4 The Rights of Way Section files contain correspondence which confirm that steps were being taken by Mr Mooney to protect his newly acquired land against trespass. A letter dated 28th February 1984, written by Mr Mooney to the County Council states
"We have recently purchased the above farm and from careful observations it has been clearly seen that the footpaths across our land have been used for both cycling, motor cycling and even cars have illegally driven over the same.
In addition, it has been noted with considerable alarm that the Gypsies at Marchwood are, apparently, "on the move". Since Gypsies have used part of this land illegally in the past it became clear to us that this factor, coupled with the additional stated illegal uses, necessitated rather prompt action on our part, in order to safe-guard both our land and property, and the footpaths themselves.
Whilst we were not aware at the time that consent was required from the County, we have in fact erected a gate at either end of the said footpath, both properly constructed, complete with stiles to the side of each, thus allowing people to use the said footpaths unimpeded, but precluding the unlawful use, as described..."
10.3.5 Correspondence followed, in which the County Council authorised the erection of gates with walk-throughs at the sides, although it is clear that by 1988 these too had been vandalised. In 1989, prompted by an application for a new footpath crossing Testwood House Farm to be recorded on the Definitive Map, Mr Mooney sent a statement and disclaimer to the County Council denying the existence of any rights of way across Testwood House Farm other than Footpaths 12 and Footpath 11, between Salisbury Road and Footpath 12.
10.3.6 It can also be said that the various applications for development of the site which did not allow for anything other than footpath rights over the width of the track within Stroud's Green also amounts to a bringing into question and evidence that the landowner did not intend to dedicate any new highway rights.
10.3.7 Thus there are a number of actions or events, starting in 1984 and spanning a number of years, which provide clear evidence that the landowners of Testwood House Farm at that time did not intend to dedicate highway rights over and above those already existing over their land, and which prevent any presumption of dedication arising as a result of the use of Stroud's Green during any period of twenty years which includes the years 1984 to 1989. This effectively rules out a presumed dedication based on use after 1984.
10.3.8 Although the notices and the gates appear to have been short-lived, it is considered that these actions were sufficiently overt to make it known to the public that use of Footpath 11 by anything other than walkers, and use of other parts of Testwood House Farm was being brought into question. On the assumption that steps to deter trespass on Footpath 11 were first taken in 1984, use during the twenty-year period 1964 - 1984 becomes relevant.
10.4 User evidence between 1964 and 1984
10.4.1 35 witnesses claim to have used Footpath 11 for cycling at some point during this period. 14 witnesses claim to have been cycling along the path in 1964; by 1984 this had increased to 27. A number of witnesses have been interviewed and their recollections are summarised out below.
10.4.2 Mr and Mrs Gray
Mr and Mrs Gray record use as early as 1937. Between the 1960s and 1980s their use was about twice a month, in the summer. Neither remembers anything which obstructed their use of the path, but they do remember a gate or gates at the Salisbury Road end of the path. They estimate that the width of the track was about 10 feet, wide enough for a farm vehicle. Mr Gray describes the track as a farm lane, with public footpath and bridleway rights. He recalls that many years ago there was a `Bridleway' sign on the gate.
10.4.3 Mrs Grimshaw
Almost daily between 1963 and 1970 Mrs Grimshaw used to take her children to nursery school on the back of her bicycle, usually pushing it on the way there, but riding on the return journey, which was sometimes along Footpath 11 and sometimes along Salisbury Road. After 1970 her use was less frequent, but she would still ride along Footpath 11 to get to Totton. She was never stopped. When the path was in bad condition she used the grass verges on either side.
10.4.4 Mr Grimshaw
From 1963 until 1970 Mr Grimshaw used Footpath 11 on his bicycle to get to work. At that time, Footpath 11 was a gravel track, about seven to eight feet wide. The track could sometimes get rutted and muddy would sometimes flood and on those occasions he would use the grass on either side of the track and the field margins to avoid the worst parts of the path. Although the land on either side of the path was fenced off from the path, the fences were only of wire and chestnut posts and were not well maintained even when the farmer was alive. There were sometimes holes or gaps in the fences. After 1970 Mr Grimshaw rode his bicycle along the path less frequently, perhaps twice a week to Totton (especially the library) or further afield via the Salmon Leap to Bell Crossing and Test Lane about eight or ten times a year. He never felt intimidated in his use of the land. He knows of other people who have used Footpath 11 on a bicycle and is aware that it has been used by lots of children to get to school.
10.4.5 Mrs Annamarie Hart
Mrs Hart has lived at 9 Hamtun Crescent, Totton since 1960. She remembers that the path through Stroud's Green was wide enough to take a car. From about 1967 onwards she used this track on her bicycle to see a friend in Nutsey Lane or to go to the dairy on Salisbury Road. Sometimes this was twice a week and at other times not for several weeks. She knew that she could use the footpath and didn't think about whether or not she should use it on a bike. She did not always stick to the gravel track, but would ride across the grass to cut off the bends when this was possible. Mrs Hart does not recall fences, but remembers posts and wires in places and you could walk through where these were broken. The farmer had a reputation for being an unfriendly man although he never told her not to ride on the path. She knew that he tried to keep people off other parts of his land. He was always chasing off children and he would also frighten people by letting out his Jack Russell dogs as they went past. She stopped cycling along the track when gypsies moved into that part of the land which was near Salisbury Road (between points A and B). She did not see any signs or notices on the track and is sure that it was never gated.
10.4.6 Mr Harry Jones
Mr Jones has lived next to Stroud's Green since 1955. When he moved there Stroud's Green was farmed by Mr Moore, who had been there since at least the early 1930s. The land was divided into fields in which he kept livestock, mostly thoroughbred horses but also pigs and beef and dairy cows and their calves. The land had stockproof fences and hedges around its perimeter and posts and barbed wire divided the land into fields. The track through the land was wide enough for the farmer's Land Rover and horse box and cattle truck to pass over it, but not side by side. There was a gate across the path at its junction with Salisbury Road. Mr Moore had been very careful to control what was done on the land and Mr Jones remembers that on one occasion he came out to tell him to keep his dog on a lead. Whilst Mr Moore was alive only a few people used Footpath 11. Because there were fences on either side of the track which formed the boundaries of the small fields people couldn't stray off the track onto the adjoining land. However, at the Salisbury Road end of the path, where Stroud's Green is narrower, the track was not separated from the field it passed through. Occasionally Mr Moore would put animals out in this field and they were free to roam across the track as well as the land on either side, but generally it was just scrubby and with stinging nettles. Mr Jones has seen schoolchildren using this path, a few of whom were on bicycles, but does not think that more than four or five adults have ridden along the path on bicycles, and then only since the late 1990s.
10.4.7 Mrs Lavington
Mrs Lavington moved into No. 39 Greenfields Avenue, in 1973, when she was 12. As a child she was drawn to the area known as Stroud's Green. She recalls a track along the middle of the green, with one large field to the west and two fields to the east, nearer the farm. As a child, she took her bike along Footpath 11 about once a week. Mostly it was to see the ponies, or to pick blackberries, but occasionally she used the whole route from Greenfields Avenue to Salisbury Road. She felt that so long as she kept to the track the farmer would not say anything. She has used Footpath 11 only occasionally since approximately 1977, to visit her mother in Greenfields Avenue, either on foot or by bicycle. And has probably not cycled along the path for five years.
10.4.8 Mr Vickery Mort
Mr Mort records bicycle use of Footpath 11 as early as 1942 . By 1953 his use of Footpath 11 on a bicycle reduced to about twice a year although it was considerably more on foot. He thinks that it was about 3 metres wide with a grass verge on either side that you could stand on if the farmer came by in one of his vehicles. He stuck to the track when en route somewhere. Mr Mort remembers a five bar gate at the junction of Footpath 11 with Salisbury Road but this was never closed as the farmer wouldn't bother to open and close it every time he went to and from the farm. He thinks that there was also one at the Testwood Lane end of the track which was invariably open. New Forest ponies would graze on the grass on either side of Footpath 11 and would be rounded up by the farmer or the police. Mr Mort estimates that the fence on the green went up in 1948, perhaps later. He has assumed that Footpath 11 was always a gravel road rather than a footpath. He thought that you would be entitled to take a motorcycle down there, but he did not do so as he did not have one.
10.4.9 Mrs Patricia Newman
Mrs Newman has lived in Totton since her childhood in the 1940s and early 1950s and visited the paths around Stroud's Green. She remembers being on Footpath 11 when vehicles went by and it was wide enough for them to pass her. The farmer at Stroud's Green had a reputation for being miserable but Mrs Newman doesn't think that he was busy turning people away. As a child she was just wandering and playing, although later she used to go out bike riding, including along Footpath 11. In addition to the gravel track there were prominent, worn paths across the grass and she sometimes rode on these. After moving to Southampton Mrs Newman sometimes rode along the track when visiting family, or to go bird-watching. After returning to Totton in 1977 she regularly used the path on her bicycle, again to visit family and other friends in Nutsey. She continued to ride on the path occasionally, until approximately 3 years ago. Mrs Newman does not recall any gates across the path, nor any sign, except one in an old tree by the farm which had words to the effect of `Keep Out'.
10.4.10 Mrs Patricia Pearce
Mrs Pearce moved to 39 Greenfields Avenue in 1973. Stroud's Green was divided into three fields. The fences were made of two strands of barbed wire between posts. Beyond the fields, towards Salisbury Road, the land was just grass, with nettles and blackberry bushes. This area was not fenced off because it was not big enough to be put to any practical use. There was a track which ran from Greenfields Avenue, between the fields, to Salisbury Road. Mrs Pearce did not use it often, because her preferred route for a walk with her children or dog was along the path which ran behind Testwood School, towards the Salmon Leap, but she did cycle along it, often in the company of her children, about ten times a year, during the summers, between 1973 and 1977. In 1982 one of her children moved to Calmore and she started to use Footpath 11 on her bicycle more often. Between 1982 and 2002, when the path was closed, Mrs Pearce claims to have ridden her bicycle along the Footpath 11, between Greenfields Avenue and Salisbury Road at least once a week.
10.4.11 Mrs Jean Ramm
Mrs Ramm came to live in Ewell Way, Totton in 1938 when just a year old. She remembers asking her mother why they had put up fences on it, and was told that it was because the war was on and every bit of land had to be used. This was in about 1941. She remembers a fence to the west of the path; and believes that the fence on the east went up at the same time. She used Footpath 12 to get to school, but used Footpath 11 at other times. The track was about ten feet wide. After marrying and moving to Sutton Road Mrs Ramm often used Footpath 11 on her bike to take her sons to nursery school. This would have been during the years 1965 - 1966 and 1967 - 1968. After this period her use was approximately once a week until about 1980. She didn't go on the grass except to avoid puddles, until the fences fell into disrepair. After Mr Moore died notices went up. They said something like "Private Property Keep Out" and were on the land to the side of the track, not on the track itself, but in any event no one took any notice. Mr Mooney was trying to keep people out of the land and he did speak to Mrs Ramm once, but that was when she was walking off the footpath.
10.4.12 Mr Southcott
Mr Southcott has been fairly familiar with Stroud's Green for at least 50 years. He has been a cyclist for many years and has explored the ways around Totton, both on and off road. Between 1969 and 1980 he rode along Footpath 11, through Stroud's Green approximately six times a year as part of a longer cycle ride. From 1980 until about three years ago his overall use was probably greater, but it was sporadic. He recalls that Footpath 11 was always wide enough for him to be able to get past a farm truck or tractor although occasionally he might cycle on the grass verge within a yard or so of the path to avoid a bad patch or other users. The land on either side of the path used to be less overgrown than it has been in recent years. For many years there were timber posts and single wires in places, but these were not well-defined boundaries. Mr Southcott does not remember any gates across the path or any signs and was never told that he should not ride on the path.
10.4.13 Mr Shepherd
Once or twice a week between 1948 and 1953 Mr Shepherd went to Testwood School by riding his bike along Footpath 11. Occasionally he would also ride along the path with his father, who was also on his bike. He does not recall any gates or barriers at either end of the path, although had they been open he agrees that he might not have noticed them. He estimates the track to be at least 12 feet wide, wide enough for a Land Rover. He often saw Mr Moore, the farmer who would sometimes wave. When he left school he didn't need to use Footpath 11 to get to work but occasionally used it on a bike at weekends, about once a week on average which would have been the case during the period 1964 to 1984. Mr Moore wasn't seen about the farm very much in the years before his death and by then the fences were practically non-existent, bad enough by the late 1970s to allow people to walk and wander over the whole green.
10.4.14 Mr Vaughan
Mr Vaughan has lived in Greenfields Avenue since it was built in 1966. He recalls that the path was always wide, about eight feet with grass verges about two feet wide between the fence posts and the track. He does not remember any gates across the path. He has used the path only a few times on his bicycle.
10.4.15 Mr Whiting
Mr Whiting was born in 1934 and has lived at 5 Stanley Road all of his life. He remembers that the land to the west of Footpath 11 was fenced in 1941, by prisoners of war as part of the war effort and was used for grazing horses or cattle. The land to the east of the path, between the path and the farmhouse, remained unfenced until the late 1970s. Footpath 11 was open at the Salisbury Road end and was a 10 feet wide hard, gravel road, with grass on both sides. Until the land on either side was fenced it was possible to ride on the cattle tracks over the grass on either side of the track Even after the grass had been fenced off there were verges about four to five feet wide between the track and the fences. There were no restrictions along its length. Mr Whiting used to cycle along the path to Testwood School and back twice every day. The farmer's son David was one of Mr Whiting's friends. When they were children Mr Moore told them not to go onto the fields but to stay on the green. Much later, when Mr Whiting was on Footpath 12 the farmer shouted at him and said something like "Don't you dare step off that footpath. Keep to the footpath". After his schooldays he did not need to use the path to get to work, but felt free to walk or cycle along there whenever he wished. Sometimes this would be twice a week, sometimes twice a year and this was so during the years 1964 - 1984.
11 Conclusions from the recent user evidence
11.1 There is no evidence that the landowner actually intended to dedicate bridleway or carriageway over Footpath 11 and it is considered that the amount and degree of use is not sufficient to justify a deemed dedication at common law.
11.2 Given that the actions taken by Mr Mooney on behalf of GMS after their acquisition of Stroud's Green in 1984 (see paragraph 10.3 above) would appear to be sufficient to have brought into question the rights of those using Footpath 11 on anything other than foot, then the relevant period for the purposes of s.31 Highways Act is 1964 - 1984.
11.3 Use needs to be by the public, so there must be a sufficient number of people using the path as a bridleway or carriageway to constitute the public at large. In this case, the volume of use by cyclists is not particularly high, in total 35, 14 of whom were cycling along Footpath 11 in 1964, and 27 of whom were using the path by 1984. 10 witnesses claim to have cycled along the path for the full twenty year period. The amount of use varies between only a couple of times a year, to almost daily. The evidence is, however, reasonably consistent in showing that there was no physical impediment to use by bicycles and no challenge by the tenant farmer provided that users kept to the footpath(s). There is evidence of use prior to 1964, which shows that the path had been used by cyclists over a long period of time and adds some credibility to the witness testimony for later years.
11.4 There are no hard guidelines about how much use it is necessary to have before the tests in s.31 can be satisfied. Consideration needs to be given to the location of the path, and whether it is in a remote, rural location, or on the urban fringe, as one would expect to find a greater number of users of a path in a more densely populated area. Its usefulness to the local community as a strategic link in the network is also a factor. The remoteness of the twenty year period is also an important consideration: the start of the relevant twenty year period is now nearly forty years ago and it is inevitable that finding users becomes more difficult as time passes. Members may feel that the volume of users and amount of use is on the low side, but the picture painted by the users is that for many years the path had been a local alternative route to the A36, freely available for cyclists as well as walkers. Officers consider that, on balance, there is proof of use by public at large sufficient to satisfy this element of s.31.
11.5 There is no evidence of a break in use during the relevant years. Use would appear to have taken place between 1964 and 1984 without interruption.
11.6 Use must be `as of right'. This means that it must be without force, without secrecy and without permission. As far as the first element, force, is concerned there seems to have been no physical barrier preventing use of Footpath 11 and force was neither needed nor used by the cyclists. All appeared to have used the path openly during the day, sometimes in sight of the tenant farmer, so it can be said to have been without secrecy. There is no evidence that permission was given to anyone to cycle along the path. Thus the `as of right' test appears to be satisfied.
11.7 The evidence would thus appear to give rise to a presumption of dedication of a right to cycle along Footpath 11, but this presumption of dedication can be rebutted if there is sufficient evidence that there was no intention during the relevant period to dedicate it.
11.8 Actions taken by Mr Mooney after his purchase in 1984 undoubtedly amount to evidence of a lack of intention, but these are outside the twenty year period and will not negate a presumption arising from use during an earlier period.
11.9 The identity of the freeholder between 1964 and 1984 is not certain. A view held locally is that he was a gentleman who lived (or still lives) in Ireland, but no positive information is available. The occupier of the land was Mr Moore, who had a reputation for being gruff and fiercely protecting his land, but who did not, apparently, stop people who were using the gravel track through Stroud's Green on their bicycles. Two issues arise. Can the actions of a tenant, as opposed to the freeholder, be effective in rebutting a presumption of dedication and, if they can, were the actions of Mr Moore, in fact, sufficient to do this?
11.10 The wording of s.31 is not explicit in requiring the evidence of an intention not to dedicate to emanate from the freeholder. It is only a freeholder who has the capacity to dedicate a public right of way and surely it must follow that the lack of intention needs to relate back to the views or opinions of the holder of the fee simple, in this case an absentee owner about whose intentions we do not have, and are unlikely to obtain, any information. It is quite possible that the landowner's lack of intention to dedicate can be expressed through the tenant, in the same way that a gamekeeper might eject trespassers from the land of his employer. In this case, however, we have had sight of Mr Moore's tenancy agreement, which does not contain any provisions requiring Mr Moore to protect the farm against the acquisition of public rights and there is no other evidence to suggest that Mr Moore acted as the freeholder's agent. In support of the view that it is the intentions of the freeholder which are important, is the fact that s.31 Highways Act 1980 (re-enacting earlier legislation in similar terms) gave freeholders the power to enter onto land subject to a tenancy to erect notices negating any intention to dedicate. By this power, and the power to lodge a declaration under s.31(6), the freeholder has adequate means of protecting his land, notwithstanding any lease or tenancy. If this view is accepted, then the actions of Mr Moore become irrelevant and in the absence of any evidence that the freeholder did not intend to dedicate additional rights, the presumption of dedication should stand.
11.11 Bicycles are permitted to use bridleways by virtue of a permission given by Parliament in the Countryside Act 1968. However, use of a footpath by bicycles will not give rise to the presumption of dedication of a bridleway - this is achieved only by use on horseback. There is some debate about the type of highway (if any) which results from twenty years use by cyclists. The view preferred by officers is that a bicycle is a vehicle, and any deemed dedication under s.31 based on use by cycles is a deemed dedication of a carriageway. Carriageway rights are recordable on the Definitive Map as a Byway Open to all Traffic if the balance of user is such that the highway is used predominantly by walkers or riders. In support of this view is s.85 Local Government Act 1888, which makes clear that a bicycle is within the definition of a carriage, although, strictly, this relates only to earlier highway legislation. There is no definition of `carriage' or `vehicle' in the Highways Act 1980, but no reason to suppose that bicycles should have lost the classification afforded to them earlier. It is settled law (Locke v Abercester Ltd (1939 3 All ER 562) that a right acquired as a result of use by non-motorised vehicles encompasses a right for motorised vehicles.
11.12 An alternative view requires acceptance of the proposition that it is possible for a landowner to dedicate a limited right of way, such as, for example, a right of way for bicycles only, which does not fall into any of the traditional three common law categories of right of way. If such a way can exist at common law (which remains a moot point), the right would not be something that can be recorded on the Definitive Map, as only footpaths bridleways and BOATs are capable of being recorded.
11.13 There is no case law to clarify which of these two approaches is correct. The Planning Inspectorate would appear to accept the former - and, it is submitted, the correct - approach.
11.14 A vehicular right of way can be recorded on the Definitive Map if the route is used mainly for the purposes for which footpaths and bridleways are used. It is clear that in this case, until closed in 2002, the path was heavily used by walkers and cyclists and not by other forms of traffic. Any order reflecting bicycle use of Footpath 11 should therefore be an order upgrading Footpath 11 to a Byway Open to All Traffic. This will recognise that use can be with all types of vehicle, including motorised vehicles. Traffic management may be appropriate in the future if such an order is confirmed, but is beyond the scope of this report.
12 Width of Footpath 11
12.1 The Applicant claims that the correct width of Footpath 11 through Stroud's Green is the whole width between the boundaries. Whether or not Members consider there is enough evidence to justify making an order to upgrade the status of the route, consideration needs to be given to whether the definitive statement should be amended to reflect a width which is different from that currently recorded.
12.2 The existing definitive statement is reproduced at paragraph 5.3 above. It is typical of many of the county's statements in that it is descriptive, rather than prescriptive, in nature. What was being described was the route as it appeared to a volunteer (probably a parish representative or member of the Ramblers' Association) in the early 1950s when the statement was first prepared. Like many others, the statement does not make clear whether the legal right to walk is only over the 10 foot wide track, or whether the right extends as far as the boundaries on either side. The definitive statement is conclusive evidence of the width of a highway until proved to the contrary, but this rule does not assist in cases like this, where the statement itself is ambiguous.
12.3 There is a legal presumption that, in the absence of evidence to the contrary, the width of a highway is the full width between its boundaries. It is necessary to examine whether there is anything which would prevent the presumption arising in this case.
12.4 Of the historic maps and documents, the early commercial maps are at a such a scale that they are not helpful in showing the width of any highway which traversed Stroud's Green. Neither the minutes of the Turnpike Trust, the 1808 perambulation nor the tithe records assist. The documents of most value are the 1755 estate survey and the Ordnance Survey County Series maps.
12.5 The boundaries of Stroud's Green are formed partly by hedges or fences and partly by ditches, all of which have been in place since at least the mid eighteenth century. The 1755 estate map shows that Stroud's Green was formed as a result of the enclosure of fields out of an originally much larger area of open land which included Calmore and other land to the west of Salisbury Road. The map suggests that Stroud's Green remained as an area of land which was left unenclosed after various parcels of previously open land were fenced off. It is a matter of speculation why this area of land was not further divided or enclosed until the last war, but this map provides good evidence to suggest that the boundaries around Stroud's Green were not constructed to fence out a highway. It follows that it is not possible to rely on the presumption that the highway which is Footpath 11 is the whole width between the boundaries.
12.6 The earliest map to show a track through Stroud's Green is the first of the Ordnance Survey County Series maps (circa 1870). The route of the track is then consistently shown on all the later Ordnance Survey maps to the present day. Its width varies only very slightly at different points and between editions, between 2 metres and 4 metres wide. The historic evidence does not make clear when the track over the land was formed and whether it has always been a man-made structure. It is tempting to conclude that the track was made between 1845 and the late 1860s, probably to serve Testwood House Farm which is thought to have been built at about this time, but there is no hard evidence for this, one way or the other.
12.7 There appears to have been nothing physical to stop highway rights being exercised over the whole width of Stroud's Green until some time shortly before 1942, when land to the west of the track, between points B and C, was fenced off to form a small field. The absence of fencing on either side of the track does not, of course, amount to proof that highway rights were, in fact, being exercised over the whole width of Stroud's Green. Indeed, the provision of a firm metalled track through land known to be wet tends to the view that use would have been confined to the gravel track. In the absence of any hard proof about the width of the highway in the historic and documentary evidence, we are dependant on the testimony of recent users.
12.8 There is general consensus that the track through Stroud's Green was wide enough for a large vehicle to use, possibly with room to spare on each side. Estimates range from seven to twelve feet wide. Witnesses are also generally agreed that a post and wire fence was constructed to the west of the track although estimates of the date of this vary. This boundary appears on the Ordnance Survey map for the first time in 1942 and it can just be made out on the 1945 aerial photographs. There is general agreement that fences appeared on the east of the track, to form two small fields either side of the entrance to the farm buildings, a while later. These first appeared on the Ordnance Survey map published in 1960 which was based on resurveys in the late 1950s, although one witness puts their erection some twenty years later, in the late 1970s.
12.9 There is some contradiction in the evidence about how close the fences were to the gravel track. Some witnesses recall the fences being hard up to the track (this is supported by the Ordnance Survey maps); others say that there were small grass verges between the track and the fences (supported by photographs from the 1970s and 1980s). The contradiction may be reconciled, if one accepts the proposition that the fences were originally hard up against the track, but that as time went on, during the years prior to Mr Moore's death and afterwards, vehicular use of the track reduced and the edges of the track became overgrown. Only one witness has suggested that the fences were replaced and repositioned during Mr Moore's tenancy.
12.10 There is no evidence that fences were erected on Stroud's Green north of point B.
12.11 A few witnesses say that the fences did not prevent them from cycling or walking over the whole of Stroud's Green south of point B, but it is hard to imagine that this should be so, at least whilst the land was part of a working farm. Whilst the fences would not have proved a great obstacle to these wanting to enter the fields, it would have been an unnecessary impediment to those using the land for highway purposes.
12.12 There are inconsistencies in the evidence about the condition of the fences and the date by which they ceased to be an obstacle to people wanting to use land on either side of the track. A safe view of the evidence would be to accept that the fences were in a poor state of repair for some years before Mr Moore's death in 1982, but nonetheless that they remained essentially intact for some years afterwards. Whether they remained until as late as 1994, as Mr Mooney recalls, is a moot point. It is easy to accept that tracks were made across the fields and used once the fences ceased to exist.
12.13 For the reasons given above, it is considered unlikely that anything other than the track was being used as a highway whilst the fences were in position, at the very least between the late 1950s and 1984 (and since 1942 for land to the west of the track). User survey forms showing use of the land prior to 1942 are not specific about width and, having been prepared in connection with the village green application, disclose use for recreational pursuits such as blackberrying and bird watching rather than use as a highway. Prior to the late 1950s there may have been use of the unfenced parts of the land as a highway, but again, the evidence tends to show use for recreational rather than highway purposes. Occasional deviation from the gravel track for the purposes of a short-cut does not constitute sufficient evidence that the whole of Stroud's Green is public highway. Wandering, of the sort which occurred during and after the 1980s, is not evidence of use as a highway.
12.14 The width of the highway north of point B is more difficult to determine in view of the fact that the track here has not been fenced. Given that the full width between the boundaries (between 14 metres and 50 metres) cannot be presumed to be highway and the historic evidence is unhelpful, it is again necessary to look at the testimony of witnesses.
12.15 Few witness have anything specific to say about the track north of point B. Mr Jones recalls that the land on either side of the track was scrubby, with stinging nettles and was only occasionally used for grazing animals. Mrs Hart recalls cutting off the corners of the track by cycling onto the grass. There is a suggestion that animals were grazed or tethered there and that gypsies occupied it more recently. On the whole, cyclists have said that they rode on the gravel track, not on the grass, unless it was to avoid a puddle or farm vehicle. It is considered that there is insufficient evidence to prove that the whole of the hatched land between points A and B has been used as a highway, and that it is more likely than not that the highways rights were exercised over, and limited to, the gravel track.
12.16 The Definitive Statement describes the gravel track as ten feet wide and, although estimates do vary, this is consistent with the views of many of the witnesses.
13. Comments from the Applicant and the Landowner
A draft of this report was given to each of the landowners and the applicant to afford them the opportunity of submitting further evidence or making further comment. The responses are summarised below.
13.1 The Landowner
A supplemental objection statement has been submitted on behalf of the landowners and it is believed that a copy is being provided directly to Members. A copy is available for inspection on the Rights of Way file. The Landowners agree a) that the historical evidence does not establish historical use of Footpath 11 as anything greater than a footpath, b) that the applicant cannot rely on user evidence after 1984 when Mr Mooney evidenced a clear intention not to dedicate, c) there is no evidence to support a highway use for any wider route than for a 10 feet track and d) there is no evidence for bridleway use. However, they point out that all but one of the witnesses in support of this application provided evidence to the village green inquiry and that the motive behind the application is plainly to prevent development of the Stroud's Green; Mr Shepherd's application, being dismissed on two counts (width and status), great care should be taken if it is proposed to deal with an application in a way which is not supported by the application itself; the user evidence for cycling is weak and does not support classification as a Byway, which requires proof that the public has a right of way for vehicular and all other kinds of traffic; s.85 Local Government Act 1888 cannot be relied on because it is irrelevant to subsequent highway legislation.
13.2 The Applicant
The Applicant agrees with the proposal to show Footpath 11 as a Byway Open to All Traffic, but disagrees with the interpretation of the width. With a view to establishing use of the land on either side of the track prior to the erection of fences in 1941 he has submitted further 76 user survey forms. In fact, the evidence of all of these witnesses had already been submitted and considered prior to the preparation of the draft of this report. They disclose use of land on either side of the track for blackberrying, bird-watching and other recreational pursuits but not for highway purposes. None of these forms make any comment about the width of any highway through Stroud's Green and they are therefore not of assistance to this Committee in its deliberations on this point.
14. Conclusions
14.1 Whilst some of the early historic and documentary evidence suggests that an ancient highway might have existed on the line of Footpath 11, read as a whole, there is insufficient evidence to prove, on the balance of probabilities, that such an ancient highway existed. It follows that this type of evidence is unhelpful in determining the width of Footpath 11.
14.2 There is evidence of use of the path in more recent years by cyclists. Whilst the volume of use is not great, it is nonetheless considered sufficient for a presumption of dedication to have arisen and for it to be said that higher rights are reasonably alleged to subsist over the route of Footpath 11. The County Council is under a duty to make an order to amend the definitive map to reflect this evidence. For the reasons set out in paragraphs 11.11 to 11.14 above, the proper status of the new highway is Byway Open to All Traffic.
14.3 It is difficult to establish the exact width of the highway from the historic and documentary evidence. Evidence from witnesses, ordnance survey maps and Ramblers' surveys are broadly consistent in their descriptions or depictions of the gravel track which forms the route of Footpath 11. Fences have restricted use of the grassland on both sides of the track south of point B between at least 1957 and 1984, which includes the twenty year period giving rise to the presumption of dedication of vehicular rights. The Definitive Statement records the track as having a width of ten feet. It is hard to find adequate evidence to justify departing from this width.
RECOMMENDATION
That an order be made to upgrade Footpath 11 in Totton to Byway Open to All Traffic and that the highway be recorded as having a width of 3.07 metres (10 feet).
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 this report.
NB The list excludes (1) published works and (2) documents which disclose exempt or confidential information as defined in the Act.
File CR724 - Rights of Way Office, Mottisfont Court, Winchester
Submissions made to the County Council and to the public inquiry held on 14 - 16 February 2001 in connection with the application for Stroud's Green to be registered as a village green.