Hampshire County Council Item 5

Regulatory Committee

23 June 2004

Dedication of a public bridleway from Crow Lane to Barrack Lane in Ringwood

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 Hampshire County Council has offered to dedicate a public bridleway that connects Crow Lane with Barrack Lane in Ringwood. The offer is recommended for acceptance.

2. Landowner:

Hampshire County Council

3. Background

3.1 As a result of negotiations between Hampshire County Council and Ringwood Anglers Association regarding access to Hightown Lake, the opportunity is being taken to establish a bridleway that will connect Ringwood town with the rural road network to the south. The bridleway will use the route of an old railway line that is in the ownership of the County Council.

3.2 The railway line is not currently used by the public to any great extent and is, in places, overgrown with vegetation. The Anglers Association has a licence from the County Council to gain vehicular access to Hightown Lake and three adjoining residents have short term licences to cultivate small parcels of land as gardens. Negotiations with these other parties has resulted in an agreement with the Anglers for a lease of 125 years that provides vehicular access to designated parking bays and the residents are to purchase small areas of land adjoining their properties. Authority for the lease to the Anglers and the garden sales has already been given by the Executive Member for Policy & Resources.

3.3 For its part of the agreement, the County Council will construct a dual purpose track from Crow Lane to the southern end of Hightown Lake that will be used by the Anglers and the public. Beyond that, to the south, a bridge will need to be constructed over a stream just beyond the lake and vegetation will have to be cleared from the railway track bed. 75% of the money from the sale of the lease and garden sales will be used to part finance the construction of the bridleway. The balance of the cost of upgrading the route will come in the form of a grant from the Recreational Cycling Officer.

3.4 Responsibility for the railway line will be transferred from Corporate Estates to the Recreation & Heritage Department. The establishment of this bridleway is, in effect, an extension to the Castleman Trail that connects Ringwood with Dorset. It will greatly benefit the public in that they will be able to connect with the quiet road network south of Ringwood, avoiding the busier roads. It is hoped that eventually this route can be further extended to the south and the open forest. Work to clear and improve the line has already been started by volunteers organised by Hampshire Paths Partnership.

4. Consultations with other bodies

4.1 Local member, Councillor J Waddington

"I fully support these valuable additions to the footpath and bridleway network."

4.2 Ringwood Town Council

The Town Council are supportive of the proposal and have been liasing with Hampshire Paths Partnership over work to clear the vegetation along the line.

4.3 New Forest District Council

The District Council Planning Department has been notified of the proposals to dedicate the bridleway and to improve the access track and parking bays. They have not raised any objection to this work.

4.4 Ringwood & Fordingbridge Footpath Society

"We note, and also welcome, the proposed bridleway creation at Hightown and are looking forward to being involved under the Paths Partnership initiative, with some clearance work there. We have for some time hoped that public access could be secured on further lengths of the former railway track."

5. Financial implications

5.1 The bridleway, 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 bridleway from Hampshire County Council 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 CR695 - Rights of Way Office, Mottisfont Court, Winchester