Hampshire County Council Item 6

Regulatory Committee

5 January 2005

Proposal to make a Definitive Map Modification Order to record four public footpaths 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 four paths in Aldershot as public rights of way. A Magistrate's Court Order of 1864 provides conclusive evidence that they are public footpaths and the County Council is under a duty to record them 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 paths run between Sandford Road and Laburnum Road, Aldershot, in four sections. Originally, the path was one long, continuous feature but over the years new roads have been built across it, fragmenting the path into four parts. Running from west to east the first three sections are enclosed by fences, hedges and walls whilst the last section runs unenclosed through the Municipal Gardens. The paths have 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.

5. Documentary evidence

5.1 1864 Magistrate's Court Diversion Order

In this year Aldershot Magistrate's Court made an Order to divert the western half of a public footpath running from Sandy Pit Lane (now Sandford Road) to Bank Street (now Grosvenor Road). The new route was to the north of the old path. One of the reasons given for diverting the path was that it "..will greatly facilitate building operations..." in what was then a rapidly expanding town.

5.2 1870 Ordnance Survey 25 inch to 1 mile map

This map shows the newly diverted footpath running from Sandypit Lane to Bank Street. New roads and houses are beginning to appear in the area but the path is still one long feature running through open fields.

5.3 1895 Ordnance Survey 25 inch to 1 mile map

By this date the path has been enclosed on both sides by fences, walls or hedges. There is more development in the area but very little alongside the path itself.

5.4 1908 Ordnance Survey 25 inch to 1 mile map

The eastern third of the footpath has now been incorporated into Laburnum Road, a small section in the middle has been upgraded to a road called The Warren and York Road now bisects the path. The rest of the route is still intact and annotated "F.P." for footpath but the area is now definitely urban.

5.5 1940 Ordnance Survey 25 inch to 1 mile map

At this date there is very little change to the path from the last map but there is yet more development abutting the path.

5.6 1963 Ordnance Survey map

The paths are intact and enclosed, in four sections, very much as it is today.

5.7 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. Widths of footpaths

6.1 The Magistrate's Court Order did not stipulate a width for the old or new footpaths. In the absence of a defined width it is necessary to determine what widths have been used by the public throughout its history. The 1895 OS map shows the path enclosed by solid lines, for the first time, and the path has remained constant in its extent from then to the present day.

6.2 The lengths and widths of the defined and used paths are as follows:

Path Length Width

From Sanford Road to bend in path 15 metres 1.5 metres

From bend in path to Rock Gardens 55 metres 2.0 metres

From Rock Gardens to Cambridge Road 85 metres 2.0 metres

From Cambridge Road to York Road 90 metres 2.0 metres

From The Warren to Laburnum Road 135 metres 3.0 metres

7. Consultations with other bodies:

7.1 Rushmoor Borough Council

No objection

7.2 Councillor R Kimber - local member

No objection

7.3 Hampshire Highways

No objection

7.4 The Ramblers Association

No objection

8. Conclusions:

8.1 The Magistrate's Court Order of 1864 provides conclusive evidence of the existence of a public right of way

8.2 There is no evidence that those rights were subsequently extinguished

8.3 The footpaths have been in public use for 140 years

8.4 The routes are currently in public use and recorded as adopted footways

8.5 The widths of the footpaths has been defined by fences, hedges and walls for over 100 years.

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 routes in Aldershot, as shown on the attached map, having widths as set out in the table at paragraph 6.2.

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: Municipal Gardens, Aldershot - Rights of Way Office, Mottisfont Court, Winchester