Hampshire County Council Item 6

Regulatory Committee

23 June 2004

Dedication of a public footpath from Admiralty Way to the waterfront promenade in the parish of Marchwood

Report of the Director of Recreation & Heritage

Contact: Colin Piper Ext. 6043

HIGHWAYS ACT 1980

25. Creation of footpath or bridleway by agreement

(1) A local authority may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath or bridleway over land in their area.

An agreement under this section is referred to in this Act as a "public path creation agreement".

(2) For the purposes of this section "local authority" -

(a) in relation to land outside Greater London means a county council, a
district council ...

(3) Before entering into an agreement under this section a local authority shall consult any other local authority or authorities in whose area the land concerned is situated.

(4) An agreement under this section shall be on such terms as to payment or otherwise as may be specified in the agreement and may, if it is so agreed, provide for the dedication of the footpath or bridleway subject to limitations or conditions affecting the public right of way over it.

(5) Where a public path creation agreement has been made it shall be the duty of the local authority who are a party to it to take all necessary steps for securing that the footpath or bridleway is dedicated in accordance with it.

1. Summary

1.1 A landowner has offered to dedicate to the public a footpath that connects Admiralty Way with, what will be, an adopted path on the waterfront at Marchwood. The offer is recommended for acceptance.

2. Landowners:

Crest Nicholson (South) Ltd

41 Thames Street

Weybridge

Surrey

KT13 8JG

3. Background

3.1 The route of the footpath is on the western boundary of what used to be a Royal Naval Armaments Depot. This site has now been comprehensively redeveloped with new houses and the developers wish to hand over any remaining areas of land to public bodies. The path in question serves a very useful purpose in that it connects a new road known as Admiralty Way with the western end of a new waterfront promenade. At the moment there is no recorded public right of way that connects to the promenade although there are plans to establish two further footpath links, one at the eastern end and the other in the middle.

3.2 The path was established about 4 years ago by the developers gravelling a strip of land between the Naval Depot brick wall and the perimeter fence. It has been sign posted as a footpath and used by the public in that time and it is possible that the public has already acquired a right of way through a common law dedication. The path requires very little work to make it serviceable as a rural right of way and it will not be a significant financial burden to maintain as such.

4. Consultations with other bodies

4.1 Marchwood Parish Council

"..this route should be an established public right of way, maintained by the County Council."

4.2 New Forest District Council

Officers have been working closely with NFDC staff to secure access to the promenade. The two authorities share the same objectives.

4.3 Local Member - Councillor M Kendal

"I support the project to provide public access as agreed by Marchwood Parish Council"

5. Financial implications

5.1 The footpath, once dedicated, will be a publicly maintainable highway. The route will require ongoing maintenance but this is not expected to be onerous and is justified by the benefit to the public of the new link.

RECOMMENDATION

That the offer of a dedicated public footpath from Crest Nicholson be accepted with thanks.

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 CR576 - Rights of Way Office, Mottisfont Court, Winchester