Hampshire County Council Item 5

Regulatory Committee

24 November 2004

Proposal to make a Definitive Map Modification Order to record a public footpath known as Manor Walk in the Borough of Rushmoor

Report of the Director of Recreation & Heritage

Contact: Colin Piper Ext. 6043 [email protected]

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 Members are recommended to make an Order to record Manor Walk, Aldershot as a public footpath. There is conclusive evidence that it is a public right of way and the County Council is under a duty to record it as such.

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. Description of path

3.1 The path runs between Church Lane and St Michael's Road, Aldershot, for a distance of approximately 385 metres. It is enclosed by fences and hedges, 7.6 metres apart, with a three metre wide tarmac strip running down the middle with grass verges on both sides. The path has street lights and other furniture associated with an urban path.

4. Background:

4.1 As a result of work to produce a new digitised definitive map of public rights of way it has become apparent that there are many footpaths, especially in urban areas, that are heavily used by the public but are not recorded as rights of way. Most, but not all, of these paths are recorded by Hampshire Highways on "Chalist" (a list of streets maintainable at public expense) as adopted footways. However, that document is primarily concerned with maintenance responsibility rather than public status. The Wildlife & Countryside Act 1981 requires the County Council to have all public footpaths, that are not footways alongside public roads, recorded on the definitive map, whether or not they are publicly maintainable.

4.2 Section 56 of the Countryside & Rights of Way Act 2000 provides that footpaths which existed on 1 January 1949, but which are not recorded on the definitive map on 1 January 2026, will be extinguished and after that date the definitive map will not be able to be modified to record them. Although 21 years might seem a long time to carry out a survey of these paths, given the number involved and the lengthy procedure to get them on to the map, it is thought desirable to start the process sooner rather than later.

4.3 Manor Walk is the first path to be proposed by the Department for recording as a right of way without being claimed by the public. It has been chosen because there is incontrovertible evidence of the existence of a public right of way, including a legal width, and its recording should be relatively quick and straightforward. If this proves successful then it is anticipated that other, similar paths will be regularly brought before the Regulatory Committee for members consideration.

5. Documentary evidence

5.1 1930 Magistrate's Court Diversion Order

In this year Aldershot Borough Council applied to the Magistrate's Court to divert a footpath that ran from Church Lane to St Michael's Road. The purpose of the diversion was to allow for the construction of a new school. In place of the old path the Borough Council proposed a new path, twenty five feet wide, that connected the same two roads by a longer route. The diversion was approved by the Magistrate's and the new path came into existence in 1932.

5.2 1960 Ordnance Survey map

This map shows the path very much as it is today with pecked lines denoting the tarmac strip enclosed between solid lines set further back. The feature is annotated "Manor Walk (Footpath)".

5.3 2004 Chalist

The current record shows this route as an adopted footpath with the reference number 03W355. From observation, the path is well used by the public.

6. Consultations with other bodies:

6.1 Rushmoor Borough Council

No reply

6.2 Councillor M Roberts - local member

Content with the proposal

6.3 Hampshire Highways

No objection

6.4 The Ramblers Association

No objection

7. Conclusions:

7.1 The Magistrate's Court Order of 1932 provides conclusive evidence of the existence of a public right of way

7.2 There is no evidence that those rights were subsequently extinguished

7.3 The route is currently in public use and recorded as an adopted footway

7.4 The width of the diverted path is twenty five feet (7.6 metres) as stipulated in the Magistrate's Order.

RECOMMENDATION

That a Definitive Map Modification Order be made on the grounds set out in the Wildlife & Countryside Act 1981 S53(3)(c)(i) to record the route of Manor Walk, Aldershot, as shown on the attached map, having a width of twenty five feet (7.6 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: Manor Walk, Aldershot - Rights of Way Office, Mottisfont Court, Winchester