Hampshire County Council ITEM 5

Regulatory Committee

28 July 2004

Proposal to divert Footpath 69 in the Borough of Fareham

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 S Woodhams, Newlands Farmhouse, Stroud Green Lane, Stubbington, Fareham, Hampshire, PO14 2HT to divert Footpath 69 in the Borough of Fareham as shown on the attached plan. 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 landowner.

1.2 The Panel is recommended to make an Order to divert Footpath 69 in Fareham under Section 119 of the Highways Act 1980.

2. The existing route

Fareham Footpath 69 begins at its junction with Stroud Green Lane and runs for approximately 116 metres in an easterly direction before continuing in a north easterly direction for 124 metres then in a northerly direction for 70 metres to its junction with Fareham Footpath 68. The total length of Fareham Footpath 69 is 310 metres and the surface of the right of way is made up of concrete.

3. The proposed new path

The new path begins at the paths junction with Stroud Green Lane (Point A on plan) and runs for 27 metres in a north easterly direction (to point C) before continuing generally in an easterly direction for 90 metres (to point D) then in a north easterly direction for 10 metres to rejoin the existing route of Fareham Footpath 69 (point B). The proposed route has a total distance of approximately 127 metres and will have a width of 2 metres with a concrete surface.

4. The reasons for the application

The Newlands Farm area is a working farm where heavy machinery frequently operates. The diversion of this section of right of way will lessen the distance over which the public have access along the farm access track. The proposal will improve the views available from the right of way which are currently blocked by a newly erected wall. The diversion will also improve the security of Newlands Farmhouse by removing the sense of invasion of privacy for both the public and the landowner.

5. Summary of Consultations

5.1 Local Member Cllr T Knight

No objection.

5.2 Fareham Borough Council

No objection

5.3 County Archivist

Information Supplied

5.4 Rights of Way Area Officer - South

No objection

5.5 Fareham Borough Council - Director of Planning and Development

No objection

5.6 Chief Planning Advisor - Environment

No comment

5.7 British Horse Society

No response

5.8 The Ramblers Association

Not willing to support the application for the following reasons:

· The farm is no longer a working farm, agricultural machinery is not present

· A wall has been put up around the farm house which will obstruct any views from the proposed route

· The privacy of the house is protected by a wall and a porch over the front door

· The current route has a 3 metre width and concrete surface allowing easy access for all users whereas the proposed route will be narrower at 2 metres and have a mixed surface (now resolved) which could be prone to flooding

5.9 British Driving Society

No response

5.10 National Farmers Union

No objection

5.11 Cyclists Touring Club

No response

5.12 Trail Riders Fellowship

No response

5.13 LARA

No response

5.14 All Wheel Drive Club

No response

5.15 The Open Spaces Society

No response

6. Comments on Consultation Replies

The comments received from the Ramblers Association were put to the applicant and the following response was received.

· The farm is very much a working farm with over 500 acres of arable land being farmed.

· The current view on the proposed route is a well established paddock. The wall is constructed of concrete piers for stability with some fencing. This fencing will be removed in part on one side to increase visibility

· The front door of the applicants house has no porch or wall in front

· The proposed route will have a width varying from 2.0 to 2.6 metres and the applicant is willing to concrete the whole of the surface.

· To the applicants knowledge, the proposed path has never flooded and could not flood as the concrete was laid running north into a land drain.

The applicant suggested that a site visit may be useful to try to answer some of the queries outlined by the Ramblers Association. I sent correspondence to the Ramblers Association local representative but at the time of writing this report had received no reply.

It is felt that although the comments received from the Ramblers Association may have some merit, the proposed route will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to make an order to divert Footpath 69 in the Borough of Fareham.

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 landowner and the public, as it will lead walkers away from the 'working farm' improving the route from a safety aspect. It will also open up views of the surrounding countryside.

- the proposed path is not less convenient than the existing route. The new route will not add any distance to the route as a whole.

- 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

Although there is a public benefit to be gained by this diversion it is recommended that an Order be made for the diversion of Footpath 69 in the Borough of Fareham in the interests of the landowner.

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: Fareham Footpath 69 Diversion - RJ/DIV/013

Rights of Way Office, Mottisfont Court, Winchester