Hampshire County Council ITEM 7

Regulatory Committee

5 January 2005

Proposal to divert Bridleway 712 in the Parish of Beech

Report of the Director of Recreation and Heritage

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

Diversions of footpaths and bridleways may be made under Section 119 of the Highways Act 1980 as amended by the Wildlife and Countryside Act 1981 as being either: -

"Expedient in the interests of the owner, occupier or lessee of land crossed by the right of way" and/or "Expedient in the interests of the public".

Members must be satisfied that the diverted route will not be substantially less convenient to the public, and must have regard to the effect which a diversion will have on the enjoyment of the path as a whole.

1. Summary

1.1 Hampshire County Council has received an application from Mr Hunter, Southbank, 95 Medstead Road, Beech, Alton, Hampshire, GU34 4AE to divert Bridleway No. 712 in the Parish of Beech as shown on the attached plan . The application is made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the grounds that the diversion is in the interests of the public.

1.2 The applicant is the freehold land owner of all the land affected by the existing bridleway and the proposed new route.

1.3 The Panel is recommended to make an Order to divert Bridleway No. 712 in the Parish of Beech under Section 119 of the Highways Act 1980.

2. The existing route

The current route of Bridleway 712 leaves the Medstead Road and runs uphill along the side of Bushey Leaze Wood. The bridleway runs in a narrow ditch on the East side of the Park Pale embankment. Approximately 40 metres from its junction with the Medstead Road it rises steeply before levelling out. Only the first 185 metres is subject to this diversion application. There is no definitive width available for this route but in places it is as narrow as 0.8 metres.

3. The proposed new path

The proposed new route runs in a wide ditch on the western side of the Park Pale embankment. The proposed new route follows this western side until crossing through a natural break in the embankment. The new route will have a minimum width of 2.0 metres for its entire length.

4. The reasons for the application

4.1 The reason for the diversion is that the current route is narrow and steep in places meaning that it is difficult to use by all users. In the past three years two riders and one walker have fallen whilst on this section of the route, although none has sustained serious injury. It is not possible to widen the route in its current location without causing serious damage to the Park Pale embankment which is an important and historic feature. Due to the lack of width available to users there are no passing places for users to 'give way' to other users thereby causing potential conflicts between horse riders, cyclists and pedestrians.

4.2 The point where the proposed route meets the Medstead Road greatly improves visibility for users and provides more of a safe area for users to wait to cross the road to join with Bridleway 713.

5. Summary of Consultations

5.1 The applicant has undertaken extensive consultation regarding the most practicable method of resolving the issues caused by the location of the definitive route.

5.2 Site meetings were held involving members of the Parish Council, the Ramblers Association, the British Horse Society, Cyclists Touring Club, Hants and West Sussex Borders Bridleways Group and Hampshire County Council Rights of Way Officers. Following these meetings the proposed route was provided by the applicant as an alternative route. This route has already been open since 17 May 2004 and all responses have been positive.

5.3 Local Member Cllr Dr Anthony Ludlow

Councillor Ludlow has been consulted on the proposal.

5.4 Beech Parish Council

The Parish Council fully supports the proposal.

5.5 Rights of Way Area Officer - North East

This proposal is fully supported by the Area Rights of Way Officer.

5.6 Chief Planning Advisor - Environment

No objection has been raised in principle by the Environment Department.

5.7 Hampshire County Council Ecology Officer

The path runs through Bushey Leaze Wood which is a Site of Importance for Nature Conservation (SINC). The woodland contains elements of semi-natural ancient woodland and care must be taken to minimise damage to such elements.

5.8 Hampshire County Council Archaeology Officer

The archaeological impact of this scheme is likely to be minimal. The only likely impact is going to be on the earthwork of the Park Pale. Recommend that a watching brief be conducted on any intrusive earthworks affecting the Park Pale during the diversion.

5.9 Hampshire County Council County Archivist

Information has been supplied by the County Archivist and does not contain any information which suggests that the proposed route may already have hidden public rights.

5.10 British Horse Society

Write in to support this proposal which provides a much safer route for riders.

5.11 The Ramblers Association

The Ramblers Association raise no objection to the proposal.

5.12 British Driving Society

No response to consultation.

5.13 National Farmers Union

No response to consultation.

5.14 Cyclists Touring Club

The Cyclists Touring Club have been involved in the consultations carried out by the applicant and therefore fully support the proposal.

5.15 Trail Riders Fellowship

No response to consultation.

5.16 LARA

No response to consultation.

5.17 All Wheel Drive Club

No response to consultation.

5.18 The Open Spaces Society

No response to consultation.

6. Comments on Consultation Replies

6.1 The feedback from the consultation carried out has been extremely favourable. The proposal was discussed in great detail prior to an application being submitted to divert the bridleway.

7. Conclusion

Officers are of the opinion that the proposed diversion does fulfil the criteria required by section 119 of the Highways Act and that it is expedient to make an order in that:

- it is in the interests of the public, as it will provide a wider, safer and more freely available route to all classes of user (pedestrian, cyclist and horse rider).

- the proposed path is not less convenient than the existing route. The new

route would be of a similar length and wider than the existing route making it easier, safer and more enjoyable for the public to use.

- the proposed diversion will not affect the enjoyment of the path as a whole as views, aspect, etc. are not affected by the proposal.

Recommendation

It is recommended that an Order be made for the diversion of Bridleway No. 712 in the Parish of Beech in the interest of the public.

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: Beech Bridleway No. 712 File RJ/DIV/041

Rights of Way Office, Mottisfont Court, Winchester