Archived decisions
Hampshire County Council Item 5
Regulatory Committee
20 October 2004
Proposal to modify the definitive map to amend part of the route and description of Footpath 6 in the Parish of Crondall
Report of the Director of Recreation & Heritage
Contact: Colin Piper Ext. 6043
WILDLIFE AND COUNTRYSIDE ACT 1981
53. Duty to keep definitive map and statement under continuous review
(2) As regards every definitive map and statement, the surveying authority shall -
(b) .... keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence.... of any of [the events specified in sub-section (3)] by order make such modifications to the map and statement as appear to them to be requisite in consequence of that event.
(3) The events referred to in sub-section (2) are as follows -
(b) the expiration... of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path;
(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows -
(i) that a right of way which is not shown on the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way to which this Part applies;
(ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; or
(iii) that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.
1. Summary:
1.1 An anomaly has been discovered in the depiction of a section of Crondall Footpath 6 on the definitive map. Research has demonstrated that the route of the path has been shown in the wrong position and members are recommended to approve the making of a Map Modification Order that will rectify the position.
2. Claimant:
2.1 There is no claimant in this case. The matter has been identified and initiated by officers within the Rights of Way section.
3. Background:
3.1 In recent months map review officers have been working on the production of a legal event order to update the Definitive Map to reflect changes to the network that have been made by orders or agreements under the Highways Act. This exercise has highlighted anomalies between paths as recorded on the map and paths actually used on the ground. One such discrepancy is Crondall Footpath 6.
3.2 The current definitive map, which dates from 1964, shows the southern 280 metres of Footpath 6 passing immediately to the west of a group of buildings annotated Swanthorpe House. The Ordnance Survey base map also shows a track just to the west of the footpath but that is not shown as a right of way. The definitive statement describes the southern part of Footpath 6 as being "over wire fence and southwards across arable field to road U247." This description does not clarify which route was intended to be recorded.
3.3 On the ground the legal route is obstructed by numerous hedges and fences forming the boundaries of five properties; the original dwelling known as Swanthorpe House and four other houses to the north called Verneys Cottage, Verneys, Finches and Southlea. There is no sign of this footpath but the track to the west, although not signed, is being used as the public right of way.
3.4 The County Council is in possession of a Magistrate's Court Order, dated 1929, which legally diverted the southern part of Footpath 6 from its old route immediately adjoining the buildings to a new route a little to the west. The Order, and the map that accompanies it, provides clear and conclusive evidence that public rights were stopped up on the old route and that public footpath rights were dedicated over the new track. The width of the footpath is given as eight feet (2.44 metres).
3.5 The first definitive map, dated 1952, failed to acknowledge this alteration to the public footpath and the draughtsman showed the old route as the public right of way. This anomaly was corrected on the revised second definitive map, dated 1958, with the new, correct route shown as the footpath. However, the current and third definitive map reverted back to the old pre-1929 route. It is believed that this is no more than a draughting error brought about by transferring information from one map to another.
3.6 This anomaly was recognised in a letter dated 1976 from the County Secretary to the owner of Swanthorpe House. He wrote: "It is apparent that the Definitive Map should have shown the line of the diversion made in 1929....In these circumstances, I propose to arrange for the purple line on the map at the next review to show the 1929 line." The current map has not been reviewed since 1964 therefore the amendment never took place.
4. Landowners:
4.1 All owners / occupiers of the five properties have been consulted. Two have responded.
The owner of Swanthorpe House has replied:
"I was under the impression that this problem had been sorted out in the 1970s when we had discussions with Hampshire County Council. I note that you propose to amend the map and correct the mistake by taking out a Map Modification Order and it is hoped that you will be able to take this course of action as soon as possible."
The owners of Finches have said:
"We can say that we have no objection to the proposed Map Modification Order, as it will indeed reflect the current position of the footpath."
There has been no response from the other owners/occupiers.
5. Consultations with other bodies:
5.1 Crondall Parish Council
No comment
5.2 Hart District Council
No comment
5.3 Councillor Mrs C Leversha - local member
Councillor Mrs Leversha is content with the recommendation providing that the Parish Council have no objection.
5.4 The Ramblers Association
6. Conclusions:
6.1 The current definitive map shows part of the route of Footpath 6 incorrectly.
6.2 The route shown on the map was legally diverted in 1929 and the new path has probably been in use since that date.
6.3 The width of the diverted path is eight feet (2.44 metres) as stipulated in the Magistrate's Order.
RECOMMENDATION
1) That a Definitive Map Modification Order be made on the grounds set out in the Wildlife & Countryside Act 1981 S53(3)(c)(i) and (iii) to amend the route of Crondall Footpath 6 to that shown on the attached map.
2) That the Definitive Statement be amended to describe the diverted path including a width of eight feet (2.44 metres).
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 Crondall Footpath 6 - Rights of Way Office, Mottisfont Court, Winchester