Hampshire County Council ITEM 6

Regulatory Committee

28 July 2004

Proposal for the temporary diversion of Mottisfont Footpath 4 in Test Valley Borough

Report of the Director of Recreation and Heritage

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

Temporary diversions of footpaths and bridleways may be made under Sections 257 and 261 of the Town and Country Planning Act 1990 where a planning authority are satisfied that an order made by them for the stopping up or diversion of a footpath is required for the purpose of enabling minerals to be worked by surface working and that the footpath can be restored after the minerals have been worked to a condition not substantially less convenient to the public.

1. Summary

The County Council has received an application from RMC Materials Limited, RMC South East, RMC House, Coldharbour Lane, Thorpe, Egham, Surrey, TW20 8RA to divert Mottisfont Footpath 4 for a temporary period of three years to enable the completion of sand and gravel extraction from the site at Kimbridge Farm, Mottisfont.

This is an extension of a temporary diversion order confirmed on 6 April 1998 which was in place for a period of 5 years. Since the expiry of the temporary diversion a series of temporary closures have been put in place to safeguard users.

2. The existing route

The existing route runs from its junction with Mottisfont Footpath 1 in a north easterly direction for a distance of 856 metres to its junction with Dunbridge Lane (Road B3084).

3. The proposed new route

The proposed route begins at the origin of Mottisfont Footpath 4 at its junction with Dunbridge Lane (Point A on the plan attached) and runs in a north westerly direction for a distance of 200 metres to point B on the attached plan. It then continues in a west south westerly direction for 278 metres to point C on the attached plan before continuing generally in a southerly direction for 215 metres to rejoin the existing route of Footpath 4 (point D).

The applicants point out that the northerly route offers the advantage that the path can be used continuously until it is replaced to its original route and will avoid any crossing of the gravel conveyor.

4. Consultations

4.1 Local Member (Councillor M J Woodall) No response

4.2 Test Valley Borough Council No response

4.3 Mottisfont Parish Council No response

4.4 Rights of Way Area Officer No objection

4.5 Area Surveyor - West No objection

4.6 County Archivist Information supplied

4.7 County Planning Department - Environment No response

4.8 British Horse Society No response

4.9 Ramblers Association No objection

4.10 Open Spaces Society No objection

4.11 British Driving Society No response

4.12 National Farmers Union No response

4.13 Cyclists Touring Club No response

4.14 Trail Riders Fellowship No response

4.15 LARA No objection

4.16 All Wheel Drive Club No response

5. Comments on Consultation Replies

There are no outstanding objections raised by the consultation process.

6. Conclusion

It is in the officers opinion that the proposed temporary diversion fulfils the criteria specified in Sections 257 and 261 of the Town and Country Planning Act 1990 in that the diversion is required for the purpose of surface mineral extraction and the way can be restored to a condition not substantially less convenient to the public.

7. Recommendation

That an Order be made under Sections 257 and 261 of the Town and Country Planning Act 1990 and submitted to the Secretary of State for the Environment, or confirmed by the County Council as appropriate, to temporarily divert Mottisfont Footpath 4 for a period not exceeding three years from the date of confirmation.

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: Mottisfont Footpath 4 Temporary Diversion - RJ/TDIV/001

Rights of Way Office, Mottisfont Court, Winchester