Hampshire County Council Item 8

Regulatory Committee

5^th January 2005

Proposal to divert an unrecorded bridleway (coinciding in part with Footpath 29), in the Parish of Rotherwick.

Report of the Director of Recreation and Heritage

Contact: Sally Plummer: ext 6040, email [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 for the diversion of bridleway rights that have been found to exist over the route shown on Map 1. This route coincides in part with the route of Footpath 29. 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 it is in the interests of the landowner.

1.2 The application was received prior to the adoption in June 2002 of the current Diversion Policy. (This states that the County Council will not process those diversions that do not contain a significant amount of public interest.)

1.3 The Committee is recommended to make an order diverting this route (and the coincidental part of Footpath 29) to that shown on Map 1.

2. Background

2.1 Following the discovery of evidence showing the route as an historic bridleway ("the historic route"), the Rights of Way Panel at their meeting of 30^th November 2000, agreed to make a Definitive Map Modification Order, recording this route as a bridleway on the definitive map.

2.2 It was recognised however that establishing the historic route on the ground would create problems for those managing the land crossed by it. Given that there were proposals to alter the layout of the golf course, it was suggested that this was a good opportunity for the landowners to apply for a diversion prior to the Modification Order being made. The subsequent application was made by Adrienne Hill, Development Planning Consultancy Services, Suite 3, Chequers Parade, Prestwood, Great Missenden, Bucks on behalf of Tylney Investments Ltd, Rotherwick Parish Council and Messrs J and P Winkworth Ltd.

2.3 Planning permission has recently been granted for alterations to the golf course layout as shown on Map 2. The Rights of Way Section objected to this planning application as this diversion order is not guaranteed and the proposed changes to the course will result in the historic route becoming more difficult and potentially dangerous for people to use.

2.4 If bridleway rights are not legally diverted then Hampshire County Council will have to take enforcement action to open up the historic route over the playing fields and golf course.

3. The existing route

3.1 The historic route starts at the entrance of the drive to the golf course on a public road known locally as Stroud Green. It then runs south westerly across the Parish playing field, across pasture belonging to Mr Winkworth and across an industrial estate drive. From this point onwards the historic route is currently recorded on the definitive map as a public footpath, (Rotherwick 29) which runs through Tylney Park Golf Course. It crosses three fairways of the golf course in its current layout. The first two fairway crossings have poor visibility due to the topography, and this problem will be exacerbated when horse riders and cyclists are travelling at speed downhill.

3.3 The historic route has an approximate length of 1100 metres.

4. The proposed new path

4.1 The proposed diversion of the historic route has an approximate length of 1300 metres and will start from Stroud Green approximately 200 metres west of the golf course drive. From Stroud Green a culvert will carry the bridleway across the roadside ditch and enter Parish Council land. It will travel through a belt of trees to emerge into the recreation ground and travel south along the western boundary, passing tennis courts to the east. The bridleway will then enter into a paddock belonging to Mr Winkworth, travel south to cross the driveway to the industrial estate and enter the golf course through a gap approximately 25 metres east of the current entry point. On entering the golf course the route will turn west and run across grass and through trees before turning southeast through a 30 metre gap between bunker and tee and down to the bottom of the hill. The bridleway will then climb up the other side of the valley passing behind the 14^th tee and entering Cedar Clump, a small deciduous copse with an understorey of rhododendron. On leaving Cedar Clump the bridleway will run along the hedge line and then boundary of Icehouse Copse to meet with the line of the existing right of way at the start of Park Lane. Map 3 includes photographs of both the historic route and proposed new route.

4.2 The new bridleway route will be legally recorded as 4 metres wide on Parish Council land and the golf course, and 6 metres wide through the paddock belonging to Mr Winkworth. Surfacing will be applied to the route (hoggin or scalpings) where necessary but not throughout and not to the full width. The difference in widths is due to the fact that the route will be fenced through Mr Winkworths land as it is likely to contain horses.

4.3 The proposed route will not cross any fairways on the revised layout of the golf course. The line of the proposed route in relation to the new layout accords with the English Golf Unions Guidance Notes¹ and it is thought that conflict between golfers and users of the bridleway will be minimised.

5. Summary of Consultations

5.1 Local Member Cllr J K Glen

Councillor Glen supports all comments made by Rotherwick Parish Council. He does not expect any disruption to the public tennis court area and fully endorses the change of route on practical grounds.

5.2 Hart District Council

No comment.

5.3 Rotherwick Parish Council

The Parish Council agree with the proposed new route but stress that an exact route and signage will need to be discussed. The Parish Council is also unwilling to pay for any of the works associated with the provision of the new route.

5.4 Area Rights of Way Officer North East

The Area Officer is happy with the route but stresses that appropriate surfacing materials should be used, particularly over the southern part of the golf course which has a tendency to become waterlogged.

5.5 Chief Highways Advisor

No objection.

5.7 Chief Planning Advisor

No objection. However, the proposed bridleway runs alongside Icehouse Copse which is a Site of Interest for Nature Conservation (SINC) and the route should be fenced off from this to prevent encroachment.

5.8 British Horse Society / British Driving Society

The British Horse and Driving Societies are supportive of the plan to divert the bridleway. They raise the following points:

5.8.1 The type and location of fencing, gating and visibility splay arrangements should be specified at this stage. In particular:

- They do not wish to see any gates along the route at all.

- A width of 4 metres for the bridleway should be required where the bridleway crosses Parish Council land and the golf course.

- When crossing Mr Winkworths land, a paddock that will contain horses, a fenced width of 6 metres should be provided.

- Where the proposed route crosses over the industrial estate drive, it is important that there be good visibility and a standing area on both sides with no gates to negotiate.

5.8.2 Waymarking should be improved and clear signing will be needed on the golf course to show path users which direction play is in. There should be a clear statement of the priority that riders and walkers have over golfers.

5.8.3 As part of the effort to provide more off road carriage driving a request has been made throughout the process that permissive horsedrawn carriage rights be granted along the route.

5.9 The Ramblers Association

The Ramblers' Association feel that the proposed route fails to meet the statutory requirements and the Association would object on the following grounds:

5.9.1 The starting point is further from Rotherwick village, more difficult to find and necessitates crossing the opening to the drive.

5.9.2 Car parking for potential users of the route is a concern

5.9.3 The route is less direct and signage will be needed to prevent people getting lost.

5.9.4 Bridges and gates will be required along the route where the existing has none.

5.9.5 The shared use will lead to damaged surfaces and so the proposed route will need to be suitably surfaced.

5.9.6 Tree and vegetation clearance will be required to establish the route on Parish Council land and also through Cedar Clump and Icehouse Copse, with an associated loss in views to one or both sides. Paths through wooded areas are prone to be muddy and slow drying. It will be difficult to maintain the path to a similar standard as the current route and therefore is likely to deteriorate with time.

5.9.7 The pasture owned by Mr Winkworth has very long grass that may be a deterrent to some walkers.

5.9.8 The most southerly point of the golf course gets very waterlogged in wet weather.

5.9.9 There are steeper gradients on the proposed route than on the existing route and crossing a slope at an angle may be problematic for equestrians and walkers.

5.9.10 The Association feel that in an attempt to find a safer route through the golf course, the route has become 400 metres longer, while it is felt that there is probably little difference in safety terms between the proposal and the existing situation. The Association is concerned that the 18^th Fairway runs parallel to the proposed route and that wayward balls could land close by. The Association states that the proposed route touches the edge of the 17^th green and bunker which is potentially dangerous for horse traffic and could damage the surface of the green. The Association states that the route runs almost parallel to the line of hole 7 and where it runs near the beginning of the fairway, drives that are not true could land on the route and the slope at this point is quite steep. Finally the Association is concerned that the route will touch the 8^th tee.

5.9.11 There is concern about possible danger to the bridleway users from cricket balls when passing the cricket pitch

5.9.12 The Ramblers' Association suggest a diversion as shown at Map 4 which involves diverting the bridle rights onto Footpath 29 as it runs along the drive to the golf course and continuing south on the east side of the clubhouse car park fence before picking up an existing track on the west side of the car park, which runs along the northern boundary of Tylney Wood to pick up the current route of Footpath 29.

5.11 Open Spaces Society

The Open Spaces Society is critical of the proposals on the following grounds:

5.11.1 The start point is further from the village and historically this is where users of the path would be heading.

5.11.2 The current alignment is more direct, the proposed route would involve five changes of direction

5.11.3 An alternative is suggested using the avenue to the golf club. Alternatively the bridleway could run parallel to the avenue just inside the Parish Council boundary. In later correspondence, the Open Spaces Society stated that having had view of the Ramblers Association suggestion (Map 4) the Society fully supports this proposal.

5.12 National Farmers Union

The NFU has no objections.

5.13 Cyclists Touring Club

The local representative is dissatisfied with the proposed route as it is much longer and meandering. The terrain is rough and there does not appear to be protection to the public from the 14^th tee.

5.14 Trail Riders Fellowship

No comments

5.15 LARA

No comment.

5.16 All Wheel Drive Club

No comment.

6. Comments on Consultation Replies

6.1 British Horse Society

6.1.1 All of the British Horse Society comments have been accommodated. The bridleway will be recorded as an unenclosed bridleway of 4 metres width across the recreation ground and the golf course and a bridleway of 6 metres width between fences on Mr Winkworths land. There will be standing areas available for horses waiting to cross the industrial estate drive and no gates.

6.1.2 There will be clear waymarking and signage warning golfers to be aware of walkers, cyclists and horse riders if, and when, the order is confirmed.

6.1.3 The applicant was approached with the request from the British Driving Society to allow horse drawn vehicles along the route. However, they were unwilling to grant such permission.

6.2 Ramblers' Association

6.2.1 It is agreed that the proposed starting point is slightly further from Rotherwick village. However, the opening to the golf course drive is narrow, approximately 3 metres between the gate posts, and there is concern about equestrians and other bridleway users meeting vehicular traffic travelling to or from the golf club and heavier vehicles on route to the Industrial Estate. The proposed starting point is also nearer to Footpath 2 and the network of rights of way to the west.

6.2.2 The golf course drive is currently used for informal parking by those walking Footpath 29 and using the recreation ground, however this is not a formal parking arrangement and could be withdrawn at any time. The northern part of Footpath 29, which does not form part of the diversion, currently still runs down the golf course drive and so access to this section will still be possible.

6.2.3 As stated above, signage will be installed as appropriate and adjusted as required.

6.2.4 There will be two culverted ditch crossings on the proposed new route. One of these will be the responsibility of the golf course management to maintain, as the use of the crossing by golf buggies will be above and beyond the requirements of the public. The other culvert, if properly constructed, will not require substantial maintenance for at least 30 to 40 years. There will however be no gates. The maintenance responsibility for Hampshire County Council is therefore not considered to be onerous.

6.2.5 Specifications have been drawn up and agreed with Hampshire County Council for the works required on the new route. This includes surfacing at points where waterlogging has been known to occur, in particular at the southern end of the golf course.

6.2.6 Some tree and vegetation clearance will be required but this is mostly confined to the northern end of the route at the road. The path through Cedar Clump will be wide and well rolled to provide as firm a surface as possible. If the surface deteriorates following initial use, then resurfacing of this section will be considered.

6.2.7 The route can be mown if necessary across Mr Winkworths land. Often the use of a right of way by the public is sufficient to keep down vegetation and produce a well worn path.

6.2.8 As stated above at point 6.2.5, the route at the southern end of the golf course is due for surfacing works.

6.2.9 The gradients are similar between the proposed and current route. However visibility is arguably better from the proposed route.

6.2.10 Officers consider that there are very real differences in safety between the proposed and the current route of the bridleway. From the plan at Map 2, with the new course layout, the historic route crosses one fairway, one green and runs unprotected parallel to a fairway for approximately 400 metres. Although there have been no incidents involving walkers along this fariway reported to the Ramblers' Association, the English Golf Union Guidelines state that `It is not generally acceptable if play is parallel and alongside the footpath.' In contrast, the proposed route crosses no lines of play and is protected from sliced shots by distance or vegetation throughout the course. The bridleway will not in practice travel as close to the 17^th bunker as the golf course layout suggests, there is a width of 30 metres at this point between the bunker and Hill Clump. The 17^th green is also at a lower level to the bridleway with the bunker as protection behind. The siting of the 8^th tee was agreed on site to ensure that it would not interfere with the bridleway.

6.2.11 A site meeting was held with the British Horse Society and the Parish Council representative to look at the route of the bridleway through the recreation ground. It was felt by the British Horse Society representatives that the distance between the proposed route and the cricket pitch was not of concern and infinitely preferable to crossing the playing field itself. It would be appropriate for the bridleway users to be guided by a series of small posts ensuring that riders keep to the edge of the field.

6.2.12 The Ramblers' Association proposed diversion was put to the applicant. As landowners of the avenue their consent would be required to divert the historic route from the recreation ground onto the avenue and they were unwilling to agree to this. The applicant was concerned about horse manure on the access road to the golf course and the potentially dangerous crossing of the car park. As stated earlier, officers are concerned that the narrow entrance to the golf course drive will result in conflict between the public and vehicles gaining access to the golf club and heavier vehicles heading to the Industrial Estate.

6.3 Open Spaces Society

6.3.1 See response to Ramblers' Association at para 6.1.1

6.3.2 The proposed alignment would involve additional changes of direction. However, the changes in direction are balanced by a more user friendly route, allowing for current land uses to continue and providing as safe a passage as possible for bridleway users.

6.3.3 A route was considered running parallel to the avenue just inside the recreation ground. However, the distance between the boundary fence and the childrens play area is not sufficient to accommodate a bridleway.

6.4 Cyclists Touring Club

6.4.1 As stated previously, surfacing will be laid where required to avoid any problem with rough terrain. The 14^th tee was a problem with the original layout of the golf course. However, the newly permitted layout avoids any such conflict.

7. Works required

7.1 Specifications have been drawn up for the works required and have been agreed by both the Rights of Way Section and the applicant.

7.2 With diversion applications in the interests of the landowner, it is usual for the landowner to pay for any of the works required to bring the new route into a satisfactory condition. The owners of the golf course and Mr Winkworth have expressed a willingness to do so.

7.3 The Parish Council have however stated that they are unwilling to pay for the works on their land. It was suggested that the County Council pay for the majority of the works (in the region of £3500) and the Parish Council were asked to make a contribution of £1000. The Parish Council at its most recent meeting declined to do this.

7.4 As a good will gesture and in view of the fact that the historic route crosses the Parish playing field, it is intended that this office will apply for funds from the Capital Works budget to cover the cost of the works.

7.5 The historic route will not be legally extinguished until it has been certified that the work to establish the new bridleway has been completed satisfactorily.

8. Conclusion

Officers are of the opinion that the proposed diversion does fulfil the criteria required by section 119 of the Highways Act in that:

- It is in the interest of the landowners, as it will enable the route to be accommodated around existing land uses;

- The proposed path is not less convenient than the existing route. Although it is longer than the existing route, which is a material consideration, the proposed route will allow the public to use the route safely due to improved visibility, without the risk of being halted in their journey by other land uses; and,

- The proposed diversion will not effect the enjoyment of the path as a whole. The views and topography are similar on both routes, while the proposed route will allow use of the bridleway while avoiding conflict with other land uses.

Recommendation

That an order be made in the interests of the landowner for the diversion of part of Footpath 29 and Bridleway Rights in the Parish of Rotherwick from the dashed blue line shown on Map 1 to the solid green line shown on Map 1.

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: Diversion of Bridleway Rights and Part Footpath 29

Rotherwick

Rights of Way Office, Mottisfont Court, Winchester