Hampshire County Council Item 5

Regulatory Committee

5 January 2005

Dedication of a public bridleway at Roydon Manor in the Parish of Brockenhurst

Report of the Director of Recreation & Heritage

Contact: Colin Piper Ext. 6043 [email protected]

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 Correspondence between an Area Rights of Way Officer and a landowner, regarding the maintenance of a public bridleway, has highlighted an anomaly on the definitive map. The landowner has offered to dedicate a short section of public bridleway that will help to resolve the problem. The offer is recommended for acceptance.

2. Landowner:

Mr E Morant

Roydon Manor

Boldre

Lymington

Hampshire

SO41 8PJ

3. Background

3.1 The Western Area Rights of Way Officer has been in discussions with a landowner regarding the management of a network of bridleways at Roydon Manor in Brockenhurst. As a result, it has come to light that there is a small difference between the legal and used routes of Bridleway 4. The definitive Map shows Bridleway 4 having a dog-leg that takes the route close to Roydon Manor, whilst the route, on the ground, is a straight line. The definitive bridleway is 110 metres long whilst the equivalent route that is currently in use is 60 metres in length.

3.2 The Ordnance Survey maps, that pre-date the Definitive Map, show a track on the route of the dog-leg and it is this path that was originally recorded as a right of way back in the early 1950s. According to the landowner, the route of the track was altered on the ground in 1960 but the bridleway was not legally diverted at the same time. Certainly the Ordnance Survey map of 1969 shows the straight route, enclosed by boundary features at least 8 metres apart.

3.3 The public appear to have used the new route, without complaint, for a period of at least 35 years and in doing so they have undoubtedly acquired a right of way over it. This means that it is not possible to divert the legal route onto the used route. To regularise the situation the landowner has offered to dedicate bridleway rights over the new section of path enclosed between the fences, that is 8 metres wide. At a later date it is likely that the old path will be formally extinguished but that is not being proposed at the moment.

4. Consultations

4.1 Local member, Councillor Thornber

No objection

4.2 Brockenhurst Parish Council

No objection

4.3 New Forest District Council

No objection

4.4 Ramblers Association

No objection

4.5 British Horse Society

No objection

5. Financial implications

5.1 The path, once dedicated, will be a publicly maintainable highway. The route will require ongoing maintenance but this will be a very minor commitment that is justified by the benefit to the public of the new link.

RECOMMENDATION

That the offer of a dedicated public bridleway at Roydon Manor, in Brockenhurst, 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 Brockenhurst Bridleway 4 - Rights of Way Office, Mottisfont Court, Winchester