Hampshire County Council Item 5

Regulatory Committee

22^nd October 2003

Proposal to Extinguish Footpath 12, Sparsholt

Report of the Director of Recreation and Heritage

Contact: Sally Plummer, ext 6040

Extinguishment of a footpath or bridleway may be made under Section 118 of the Highways Act as amended by the Wildlife and Countryside Act 1981, on the grounds that it is not needed for public use.

Highways Act 1980, Section 118:

Stopping up of footpaths and bridleways

(1) Where it appears to a council as respects a footpath or bridleway in their area (other than one which is a trunk road or a special road) that it is expedient that the path or way should be stopped up on the ground that it is not needed for public use, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way. An order under this section is referred to in this Act as a `public path extinguishment order'.

(2) The Secretary of State shall not confirm a public path extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient so to do having regard to the extent (if any) to which it appears to him or, as the case may be, them that the path or way would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path or way, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.

(5) For the purposes of subsections (1) and (2) above, any temporary circumstances

preventing or diminishing the use of a path or way by the public shall be

disregarded.

1. Summary

Hampshire County Council has received an application from Mr Meitner of Moorcourt Farm, Sparsholt to extinguish Footpath 12 in the parish of Sparsholt. The application is made under Section 118 of the Highways Act on the grounds that it is not needed for public use. It is recommended that the application be granted.

2. Background Information

Footpath 12 is a cul-de-sac footpath leading southwards from RUPP 13 across an arable field to the Parish boundary at Sparsholt Corner. (As shown on plan 1 marked A to B.) Bridleway 10 runs parallel to Footpath 10 approximately 300 metres to the east.

An application was made some years ago for the extinguishment of Footpath 12, however the applicant was advised that the application would not be processed until a claim that had been received for the continuation of this footpath was investigated and resolved. (As shown on plan 2, marked A to B to C.)

The claimed route was shown on the draft of the first definitive map as Ashley Footpath 6. However, an objection was received on the grounds that there had never been a footpath at this point. The County Council gave notice in the Hampshire Chronicle of 10^th April 1954 that this route would be deleted from the Definitive Map, no record of any objection to this deletion has been found. The claimed route was therefore not included on the first definitive map of 1954 and Footpath 12 was left as a dead end.

The claim for the old route of Ashley Footpath 6, which was based on historic rights, has been investigated and refused as officers felt that there was insufficient evidence to warrant the making of a Definitive Map Modification Order. The planning inspectorate dismissed a subsequent appeal.

3. Summary of Consultations

3.1 Local Member

Councillor Ann Bailey

Has been informed.

3.2 Winchester City Council

No comments

3.3 Sparsholt Parish Council

As the footpath is a dead end and as the County Council has no intention of proposing an extension, the Parish Council has no objections to the extinguishment of Footpath 12.

3.4 Highways Adviser

No comment

3.5 The County Archivist

The footpath is not shown on the Tithe Map for the area and there is no enclosure award. The footpath is shown on the Ordnance Survey 6 inch county series (1871). This confirms our findings that there is no evidence of an historic through route.

3.6 Chief Planning Adviser

No objection in principle

3.7 British Horse Society

No obvious implication from a riders point of view.

3.8 The Ramblers' Association

Object to the extinguishment. The Association states that the County Council should be seeking a way to bring the footpath into use rather than extinguish it, using powers that exist to create rights of way, either along the route of the recent claim or south to West Wood. They state that in addition there is no alternative route west into the Parish of Ashley. They also point out that the bridleway that runs parallel to Footpath 12 may possibly be upgraded to Byway Open to All Traffic following a recent public inquiry.

3.9 Open Spaces Society

No comment

3.10 British Driving Society

As British Horse Society

3.11 National Farmers Union

No objection

3.12 Cyclists Touring Club

No comments

3.13 Trail Riders Fellowship

No response

3.14 LARA

The extinguishment should only go ahead if there is no possibility that the claimed route will be found to exist.

3.15 All Wheel Drive Club

No response

4. Comments on Consultation Responses

4.1.1 Ramblers Association

It is recognised that where possible, local authorities should look to improving

the network, not extinguishing it. To be of use to the Rights of Way Network, the footpath would need to continue either south through West Wood to Farley Mount Road or west along the route of the recent claim.

4.1.2 Forest Enterprise has been approached regarding the possible extension south through West Wood. In principle the Beat Forester was not in opposition to the dedication of a route. However, to secure this route would require the creation of a link across the applicants land and this would have to come about either by way of a dedication or creation order. The applicant has been approached regarding a dedication and is unwilling to do so. A creation order would therefore be required which would in turn require the payment of compensation to the landowner. Given the close proximity of Bridleway 10, approximately 300 metres to the east, it would be difficult for the County Council to successfully promote a creation order in the face of opposition from the landowner.

4.1.3 The creation of a route to the west along the line of the previous claim as shown on plan 2 would be preferable as this would create an important off road link of some considerable length. However, it is felt that there is insufficient demand from the public to take the exceptional step of making a creation order.

4.1.4 At the time of writing this report, a decision from the Planning Inspectorate regarding the possible upgrade of Bridleway 10 to Byway Open to All Traffic is still awaited. If conflicts should arise following any decision, these issues will be addressed at that time. At present, Bridleway 10 is considered an adequate alternative.

4.2 LARA

The claim has been investigated and rights were not found to exist over the westward continuation of this path.

5. Evidence of Usage

Footpath 12 is a cul-de-sac path and it is not felt that the footpath has had a significant amount of use, although it may have been used from time to time by those wishing to see the view from the top of the rise. The footpath may also have been used by those wishing to gain access to West Wood by cutting across the remainder of the applicants land to the boundary of the wood, although there is only slight evidence of this. Bridleway 10 currently provides access to West Wood from RUPP 13.

6. Conclusion

The footpath is not heavily used due to it being a dead end path. Bridleway 10 runs parallel to the footpath approximately 300 metres east, although this right of way has higher rights than Footpath 12, rights on foot exist and this does provide an adequate alternative.

The Ramblers Association object to the proposed extinguishment and state that the path should be extended instead.

7. Recommendation

That an order for the extinguishment of Sparsholt Footpath 12 be made on the grounds that it is not needed for public use.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report. NB the list excludes: (1) published works and (2) documents which disclose exempt or confidential information as defined in the Act:

File: Sparsholt Footpath 12, ref:30/1/03

Rights of Way Office, Mottisfont Court, Winchester