Hampshire County Council Item 7

Regulatory Committee

23 June 2004

Proposal to divert Footpath 6 in the Parish of Medstead

Report of the Director of Recreation and Heritage

Contact: Richard Jackson; Ext 6891 E-mail: [email protected]

Diversions of footpaths and bridleways may be made under Section 119 of the Highways Act 1980 as amended by the Wildlife and Countryside Act 1981 as being either: -

"Expedient in the interests of the owner, occupier or lessee of land crossed by the right of way" and/or "Expedient in the interests of the public".

Members must be satisfied that the diverted route will not be substantially less convenient to the public, and must have regard to the effect which a diversion will have on the enjoyment of the path as a whole.

1. Summary

1.1 Hampshire County Council has received an application from Mr Sach c/o Giles Wheeler-Bennet, West Court, Lower Basingwell Street, Bishops Waltham, Southampton, Hampshire, SO32 1AJ to divert Footpath 6 in the Parish of Medstead as shown on the attached plan (plan1). The application is made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the grounds that it is in the interests of the public.

1.2 The Panel is recommended to make an Order to divert Footpath 6 in Medstead under Section 119 of the Highways Act 1980.

2. The existing route

The part of Footpath 6 to be diverted begins at its junction with Hattingley Road (U227) (Point A on Plan 1 attached). It runs in a south-south-easterly direction for approximately 28 metres before turning left and running in an easterly direction for 15 metres between existing farm buildings. The Footpath then turns right and runs in a south-south-easterly direction for a distance of 57 metres between existing farm buildings and a six foot high panel fence. Minor changes in direction occur for the next 20 metres before the path runs in a southerly direction for 18 metres before continuing in a south easterly direction for 66 metres then in a southerly direction for 26 metres to its junction with Medstead Footpath 5 (Point B).

Also to be included in this diversion proposal is the section of path coloured red on plan 1. This is the route that is actually walked on the ground and at present has no recorded footpath rights associated with it. Any rights that may have accrued over this route should also be extinguished in favour of the new proposed route.

The existing route has a varied width with some sections having a minimum width of 0.5 metres up to a maximum of 1.5 metres.

3. The proposed new path

The new path begins at Hattingley Road (U227) at point C on plan 1 attached. It runs in a southerly direction for approximately 24 metres before turning slightly to the left and continuing in a south-south-easterly direction for approximately 40 metres beside the proposed farm access track (Planning Approved). The route would then continue across a grass field still beside the farm access track in a south easterly direction for approximately 132 metres to join Medstead Footpath 5 at point B on plan 1.

There would be three kissing gates located along the route and the route would have a width of 1.8 metres but will feel wider as it will be located adjacent to the relocated farm access track. (See Appendix 1)

If confirmed, the proposed right of way will not be certified by Hampshire County Council until the farm access track is in place.

4. The reasons for the application

As part of the proposals for the relocation of the farm access, an opportunity arose for the improvement of the rights of way network within the farm as the present route of Medstead Footpath 6 passes through a maze of farm buildings and its width is restricted by the erection of panel fencing. The route is extremely narrow in places (approximately 0.5 metres) and dark with little opportunity for the user to see the far reaching views to the south and south west. The proposed route would have a width of a constant 1.8 metres and open up views and create a more enjoyable walking experience.

5. Summary of Consultations

5.1 Local Member Cllr Sir James Scott

No objection.

5.2 East Hants District Council

No objection

5.3 Medstead Parish Council

Support the diversion

5.4 Rights of Way Area Officer - East

No comments to make

5.5 Area Surveyor - East

No objection

5.6 Chief Planning Advisor - Environment

No comments to make

5.7 British Horse Society

No reply to consultation

5.8 The Ramblers Association

No reply to consultation

5.9 British Driving Society

No reply to consultation

5.10 National Farmers Union

No objection

5.11 Cyclists Touring Club

No reply to consultation

5.12 Trail Riders Fellowship

No reply to consultation

5.13 LARA

No reply to consultation

5.14 All Wheel Drive Club

No objection

5.15 The Open Spaces Society

No objection

5.16 County Archivist

Information Supplied

6. Comments on Consultation Replies

6.1 Following this informal round of consultation there were no matters outstanding needed to be resolved.

7. Conclusion

Officers are of the opinion that the proposed diversion does fulfil the criteria required by section 119 of the Highways Act in that:

- it is in the interest of the public, as it will improve the experience of the walk by opening up the footpath and providing a wider and easier to follow route which provides the user with far reaching views to the south and south west.

- the proposed path is not less convenient than the existing route. The new

route would only be approximately 100 m greater in length than the existing route but will provide a more direct link to Medstead Footpath 1 by lessening the amount of road walking required.

- the proposed diversion will not affect the enjoyment of the path as a whole as views, aspect, etc. are only improved by the proposal.

Recommendation

It is recommended that an Order be made for the diversion of Footpath 6 in the Parish of Medstead in the interest of the public.

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: Medstead Footpath 6 Diversion - RJ/DIV/018

Rights of Way Office, Mottisfont Court, Winchester