Hampshire County Council Item 6

Regulatory Committee

8 June 2005

Claim for the addition to the Definitive Map of a bridleway in the Parish of Corhampton & Meonstoke

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.

HIGHWAYS ACT 1980

31. Dedication of way as highway presumed after public use of 20 years

(1) Where a way over land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

(2) The period of 20 years.... is to be calculated retrospectively from the date when the right of the public to use the way is brought into question....

Presumed Dedication at Common Law

Use of a way by the public without secrecy, force or permission of the landowner may give rise to an inference that the landowner intended to dedicate that way as a highway appropriate to that use, unless there is sufficient evidence to the contrary. Unlike dedication under S.31 Highways Act 1980, there is no automatic presumption of dedication after 20 years of public use, and the burden of proving that the inference arises lies on the claimant. There is no minimum period of use, and the amount of user which is sufficient to imply the intention to dedicate will vary according to the particular circumstances of the case. Any inference rests on the assumption that the landowner knew of and acquiesced in public use.

1. Summary

1.1 A claim for bridleway rights has been made over the route of a public footpath in Corhampton & Meonstoke Parish. The claim is based on user evidence submitted by ten local riders. The amount and quality of the user evidence is considered to be insufficient to establish public bridleway rights and therefore the application is recommended for refusal.

2. Claimant:

Mrs S Walker

Little Coombe

New Road

Meonstoke

Hampshire

SO32 3NN

3. Landowners:

Mr J Moreton Mr R Hall

St Clair's Farm Corhampton Lane Farm

Corhampton Corhampton

Hampshire Hampshire

SO32 3LP SO32 3NB

4. Description of the route (Please see map at back of report)

4.1 The claimed route runs from Corhampton Lane (point A), opposite Bridleway 3, northwards on an old track to the south edge of the woodland known as Littleton Copse (point B). It then continues as an unenclosed path through the wood to a cross-roads of tracks in the middle of the copse (point C). The claimed route continues almost to the northern edge of the wood (point D) and then turns east and emerges from the wood into a field on the south side of a hedge (point E). It follows the field headland before crossing over to the north side of the hedge (point F) and follows a field edge track eastwards to Beacon Hill Lane (point G) opposite Allens Lane.

4.2 The sections A-B-C and E-F-G are currently recorded as a public footpath. The section C-D-E used to be recorded as a public footpath but this was legally diverted, in 1993, onto the alternative route C-E. The length of claimed path from A to E runs over land in the ownership of Mr Moreton at St Clair's Farm, whilst the remaining length, from E to G, runs over land in the ownership of Mr R Hall at Corhampton Lane Farm.

5. Background to the claim

5.1 Until 1998 horse riders were using the claimed path as part of a circular route that included Bridleway 3 and Allens Lane, an unsurfaced public road. In that year their use of the claimed path was finally stopped by the locking of a gate, at point A, and an application was then made to have the used route recorded as a public bridleway.

5.2 In 2000, a network of permissive bridleways was established around the edges of arable fields on both sides of Beacon Hill Lane by the owner of Corhampton Lane Farm, Mr Richard Hall. This was done as part of a Countryside Stewardship agreement with the Countryside Agency through which the permissive paths will remain in place until 2010.

5.3 One of the permissive bridleways runs parallel to the claimed route, between points A and B, only about 5 metres away, and then runs around the field edge following the boundary of the woodland. The permissive path then joins the claimed route at the northeast corner of Littleton Copse (point E) and the two routes are then coincident as far as Beacon Hill Lane. Horse riders are now using the permissive bridleways instead of the claimed path.

6. Documentary evidence

6.1 1908 Ordnance Survey 25 inch to 1 mile map

The claimed route is shown by parallel pecked lines for its entire route. Through most of the woodland, between points A to D, it is shown as a substantial 3 metre wide track but from point D to Beacon Hill Lane (point G) it reduces in width to that of a footpath only. The wide track through the wood is not annotated but the eastern half, between D and G, is described as "FP" for footpath. There are solid lines across the route of the track/path at points A, E, F and G, indicating the probable existence of gates or stiles.

6.2 1970 Ordnance Survey 1/2500 map

Again, the whole route is shown by parallel pecked lines but this time they are uniform in width showing a path no more than 2 metres wide for its entire length. The route is annotated "path" at four locations. There are solid lines across the route of the path at points A, B and E, indicating the probable existence of gates or stiles.

6.3 1993 Public Path Diversion Order

The then landowner of Littleton Copse successfully applied for a diversion of part of Footpath 10 through the northern part of the woodland. The original footpath followed the claimed route between points C-D-E with the new footpath taking an alternative route closer to the woodland edge.

7. User evidence (Please see chart at back of report)

7.1 The claimant submitted user evidence forms from nine horse riders. Three of them are now too infirm to provide statements, a further five have been interviewed and have provided more information, and the remaining one has declined to be interviewed. Another user has been found as a result of the investigation and provided a statement. The ten are:

7.2 Mrs E Jenkins of Meonstoke

Mrs Jenkins first used the claimed route north of the Winchester Road in about 1980 on a day ride. She rode from Upper Swanmore to Millburys pub, with Lesley Carter, and then they discovered "a lovely little pathway" through Littleton Copse. They occasionally went back that way but not very often because it was a long ride. Mrs Jenkins used the ride regularly with her daughter and friends after she moved to her present address in 1984. From Meonstoke they would go across the A32 to Exton and then up Allens Lane to Beacon Hill Lane. On the other side of Beacon Hill Lane there was a farm track on the left hand side of a field hedge. This route was not signposted but it was used by walkers. They followed this track to the corner of the field where it meets the wood. In the corner there was a horse jump across the track with a gap at the side. Once in the wood there were worn paths that they were able to follow. One path led westwards to Sailors Lane where they turned south to go past St Clairs and over the cross roads to a bridleway around the edge of Bottom Copse. They then turned north at Steynes Farm and then over the Winchester Road to pick up another path through Littleton Copse which led back to the jump in the corner of the field. Mrs Jenkins does not recall there being any signs or notices in the wood to say that they shouldn't be there. They were not stopped or challenged by anybody on this route and she does not recall seeing a gamekeeper or landowner. Mrs Jenkins used this circuit, on average, between once a week and once a fortnight. The farmer, Mr Hall senior, used to leave uncultivated strips around the edges of his fields to act as weed barriers and they would ride along them. One day, many years ago, they met him whilst out riding one of these strips on the south side of Corhampton Lane and he asked them not to use them. She didn't think that this request applied to the claimed route to and from Littleton Copse because it didn't have the same character as the weed barrier strips. Mrs Jenkins asked Mr Hall senior if there was a route she could use on his farm and he suggested a route to the north, near Beacon Hill. She has never had a conversation with the Halls specifically about the claimed route. When St Clairs changed hands the new owner blocked their usual path through Littleton Copse. One day they couldn't do their ride because there was a locked gate and fence put across the route either at the Winchester Road or at the entrance to the wood. She's not sure which, perhaps it was at both locations. This happened in approximately 1997. They went back to have a look now and again but it was still blocked so eventually they gave up trying to use that path and she has not been back since. Mrs Jenkins friends who used the path included Lesley Carter, Dawn Gusman, Sue Wakefield, Jenny Brown and Liz Luery, as well as her daughter and her friends.

7.3 Miss K Kirk of Bishops Waltham

Miss Kirk has ridden this path, between 1978 and 1983, 5 to 6 times a year and between 1988 and 1994, 30 to 35 times a year. She has also ridden the path on a bicycle between 1988 and 1994 about 10-15 times a year. For her the path was a logical link between a bridleway to the south and a lane to the east, avoiding main roads. In answer to the question "Have you always followed the same route?" she has replied "I think the route is very nearly the same although we did go further into the woods until recently when an HCC diversion came into operation using different paths."

7.4 Mrs E Luery of Exton

Between the years of 1970 and 1991 Mrs Luery occasionally rode the claimed path through Littleton Copse with the permission of the late gamekeeper she knew as "Mac" (Mr McCrill). Although from 1983 it was more frequent, when she moved in with her late parents at Steynes Farm, and Jenny McCrill (the gamekeepers daughter) worked for her as a groom. When Littleton Copse was sold to a Swedish businessman the new gamekeeper was against riders as it disturbs the game and after about a dozen "stolen" rides Mrs Luery stopped.

7.5 Mrs S Shaw of Corhampton

Mrs Shaw has lived at her present address since 1962 and has ridden horses in the locality from that date. When she first came to Corhampton in the 1960s "it was fair game to ride anywhere". Providing there were no crops she could ride where she liked. One route that Mrs Shaw took was along the bridleway past Steynes Farm which led to the Corhampton-Winchester Road. She then crossed over the road and followed a track which led to a wood called Littleton Copse. Once in the wood there was a path that led north to Lone Barn Lane with another going east to Beacon Hill Lane at Warners Cottage. Mrs Shaw used these paths as part of a longer circular ride and on average she might have used them about twice a week in the 1960s and 70s. She has also ridden in this area with the Hursley & Hambledon Hunt. In the 1960s Mrs Shaw used to go out hunting with them three days in a fortnight but this frequency declined and she last hunted regularly about 10 years ago. On a typical hunt day there would be about 50 riders. They kept together and kept to the field headlands or any route that wasn't cropped. They used several routes to get through Littleton Copse. Mrs Shaw met Bob Trigg, Jim Trigg and Jean Wilkinson through the hunt. Initially Charles Hall was content for her to ride around his field headlands but he then introduced conservation strips around the edges of the fields and asked her not to ride along them. He then put up notices which said "Conservation strips, No Horses" at various places around the edges of his fields. This would have been in the early 1990s. From then on Mrs Shaw would not have ridden around the field headlands without his permission. In more recent years she has used the gallops that have been established around the edges of the fields on the Halls' land. About 15 to 20 years ago the owner of St Clairs put up a locked gate across the track that she used to get to Littleton Copse which stopped her use of this route completely. Mrs Shaw thinks that the hunt was stopped from riding through Littleton Copse at the same time. That was the first time she had been stopped from riding through Littleton Copse.

7.6 Mr J Trigg of Bishops Waltham

Mr Trigg rode this path 100 times a year between 1958 and 1998. He regards the way as public because "It has been used by the public for as long as I can remember" and gives the reason for his journeys as "Beagle Hunting".

7.7 Mr R Trigg of Bishops Waltham

Mr Trigg used this route on horse back between 1927 and 1997 but does not give frequency of use. Again, the purpose of his journey was hunting.

7.8 Mrs S Wakefield of Fontley

Mrs Wakefield started riding in 1985 or 1986 and at that time she used to ride horses belonging to friends of her cousin who lived in Meonstoke. She used to go out riding from the village with Eleanor Jenkins, her cousin's wife. A favourite route of theirs was a 2 to 3 hour circular ride that included the claimed path. From Meonstoke they would go to Exton by the back roads, cross the A32 and then up Allens Lane, cross over Beacon Hill Lane and along a farm track on the edge of a field to woodland. There was an obvious route through the woods which led to Corhampton Lane which they would cross to link up with bridleways and minor roads to Droxford. From Droxford they would use the disused railway line to get back to Meonstoke. They would use this route about once a month on average although more often in the summer months and less in winter. Mrs Wakefield does not recall seeing any signs or notices on the claimed path and they were never stopped or challenged whilst using it. It was a lovely, dry ride with no obstacles or obstructions. Although it was very quiet in the woods she has seen other horse riders using the claimed path. She last used this route about three years ago. Mrs Wakefield gave up riding for a couple of years and although she now has her own horse she keeps it in a different area.

7.9 Mrs S Walker of Meonstoke

Mrs Walker moved to her present address in 1992 and from that date she went riding in the locality, initially with Dawn Gusman who knew the area very well. A popular circular riding route of theirs was to go south towards Droxford and then use the bridleway past Steynes Farm and through Bottom Copse to get to the Morestead Road. Opposite the bridleway, on the other side of the road, there was a gap in the hedge which gave them access to a track that led to woodland known as Littleton Copse. Once in the wood there was a worn path through the trees which they followed to a gap in the corner. They then followed a path used by walkers, along the edge of the field, which led to a large gap in the roadside hedge at Beacon Hill Lane opposite Dirty Lane (Allens Lane). They would then cross the road and use Dirty Lane to get down to Exton and back home to Meonstoke. Mrs Walker has used paths on both sides of the field boundary hedge between Littleton Copse and Beacon Hill Lane. The path on the south side of the hedge crossed over to join the path on the north side just before the road. She's ridden this route on average about four times a year sometimes on her own and sometimes with Dawn Gusman and Eleanor Jenkins. She does not recall there being any signs or notices on the path between the Morestead Road and Beacon Hill Lane and there were certainly no gates or obstacles along the way. Mrs Walker has seen evidence of use by other riders but she doesn't remember seeing any in person. She has not encountered anyone who owns or manages the land. In 1998, whilst out riding with Eleanor Jenkins, they discovered that their usual path had been blocked by a padlocked gate erected in the gap on the Morestead Road. Beside the gate, to its right and up a slope, there was a small gap in the hedge. They forced their way through this gap but then got lost in the wood because the old path was not so obvious as before and they ended up on the road near Lone Barn Cottages. They didn't use the path through Littleton Copse again because the gap by the gate was not really safe. Not long after that, gallops were opened up around the edge of the field and she has used those since.

7.10 Mrs E Webling of Meonstoke

Mrs Webling first started riding the claimed bridleway route through Littleton Copse after she moved to her present address in 1984. She would go out for rides with her mother and their friends. From Meonstoke they would go across the A32 to Exton and then up Allens Lane to Beacon Hill Lane. On the other side of Beacon Hill Lane there was a farm track on the left hand side of a field hedge. This route was not signposted but it was used by walkers. They followed this track to the corner of the field where it meets the wood. In the corner there was a horse jump across the track with a gap at the side. Once in the wood there were worn paths that they were able to follow. One path led westwards to Sailors Lane where they turned south to go past St Clairs and over the cross roads to a bridleway around the edge of Bottom Copse. They then turned north at Steynes Farm and then over the Winchester Road to pick up another path through Littleton Copse which led back to the jump in the corner of the field. Mrs Webling does not recall there being any signs or notices in Littleton Copse to say that they shouldn't be there. They were not stopped or challenged by anybody on this route and she does not recall seeing a gamekeeper or landowner. She used this circuit about once a month, usually on summer evenings and at week-ends. Her usual companions, other than her mother and her friends, were Tina Parsley and Lucy Harvey. When St Clairs changed hands the new owner blocked their usual path through Littleton Copse. One day they couldn't do their ride because there was a locked gate and fence put across the route at the Winchester Road. This happened in approximately 1997. Mrs Webling didn't go back for several years because she hurt her back and had to give up riding for a while. She has been back in recent years to ride the new routes established by Mr Hall as part of the Countryside Stewardship scheme around the edge of his fields.

7.11 J Wilkinson of Dundridge

Ms Wilkinson used the path between 1958 and 1998 about 100 times a year. She regards the way as public because "I've used it for riding and hunting".

8. Other evidence

8.1 As a result of enquiries designed to elicit any further user evidence, letters have been received from two other local riders. They are:

8.2 Mrs K Nunn lives opposite the eastern end of the claimed bridleway:

"We have lived at Warners Cottage since 1968...We have kept riding horses here for hacking around the locality but we have never considered path 10 as a bridleway. The entrance to path 10 is opposite my drive so we have a good view of anyone riding up it. If it was used we considered it was wrong to be riding on a footpath. My daughters were far too frightened of the keeper to venture up it themselves. ...in no way can I support the suggestion that path 10 has been in regular use as a bridleway."

8.3 Mrs A Stott of Exton

"I am afraid that I didn't, as far as I can recall, ever ride through the copse - although I have been riding around here for about thirty years!"

9. The landowners

9.1 Mr & Mrs J Moreton of St Clairs Farm

Mr Moreton believes that the evidence is insufficient to establish a public right of way and urges the County Council to refuse the application.

9.2 Mr N Morden gamekeeper at St Clair's Farm

Mr Morden started work as a gamekeeper at St Clair's Farm in 1990 when a Mr Ellingsen bought the property. That same year contractors were employed to put up several gates around the estate, including one on the north side of Corhampton Lane. A wooden field gate was erected and locked across the entrance to the track with a stile by the side for the public footpath. Shortly after this gate was put up it was stolen and replaced with a metal field gate that is still there today. As part of his work Mr Morden would visit Littleton Copse every day, including week-ends, to manage the game birds. In the early 1990s Littleton Copse was densely wooded and dark but there was a well defined track through the wood which was a public footpath. Mr Morden has seen signs that horse riders were using the footpath through Littleton Copse but he had never actually seen any until 2004. In that year he stopped three girls on horse back and told them that the track was not a bridleway and that they shouldn't be there. He knows of a local rider called Bob Trigg but he does not recall stopping him riding in the woods. Mr Morden confirms that the hunt do not have permission to ride over the estate and to his knowledge they have only ever gone into Littleton Copse once, and that was probably in about 1993. The owner of St Clairs left Mr Morden to manage the woodland as he saw fit. He did not want horses in there because they disturb the pheasants. There were private signs by the side of the footpath but not on the footpath itself. Mr Morden put up signs on the footpath in 2004 saying "Footpath only, no horses". Mr Morden believes that the footpath through the wood has never been blocked but there is a stile on Corhampton Lane which the horse riders got round by forcing their way through the hedge on Mr Hall's land.

9.3 Mr Charles Hall of Corhampton Lane Farm

Mr Hall bought Corhampton Lane Farm in 1954 and has lived there ever since. Other than the hunt, he does not recall seeing any horse riders crossing his land in the 1950s and 60s. There were not so many riders then as there are today. Mr Hall has had regular contact with the Hursley / Hambledon Hunt from 1954 to the present day and has given them permission to cross his land on hunt days. They would notify him in advance of the meet to say it was likely that they would be coming his way. The hunt would cross his land on average about four times a year. The hunt riders do not keep to well defined routes but follow the hounds wherever that takes them. Mr Hall knows Bob Trigg and Jean Wilkinson, and has seen them riding with the hunt on his land, but he does not recall seeing either of them riding at other times. Between ten and fifteen years ago, Mr Hall put in two metre wide fescue strips around the margins of all the fields to act as a weed barrier. The strips had to be left undisturbed to be effective and it was important that vehicles and horses did not use these surfaces. Notices were put up all around the farm saying "Horses keep off". Charlie Corbett was Master of the Foxhounds at the time and Mr Hall explained to him the reasons why he had done this. Mr Hall said "Please go into the field rather than the headland because you will do less damage there". He has challenged at least two horse riders, around the year 1990, who were riding on the field headlands, although they were not on the path that is being claimed as a bridleway. Mr Hall's son returned to the farm in 1993 and over the next five to seven years he gradually took over the management of it.

10. Consultations with other bodies

10.1 Corhampton & Meonstoke Parish Council

The parish clerk has replied with the following comments:

"The Parish Council has taken soundings amongst parishioners and has not found any evidence that the path in question has been in regular use as a bridleway. On that basis the Parish Council could not support any application to record the path as a public bridleway."

10.2 Winchester City Council

No comment

10.3 Councillor F Hindson - local member

"I have taken the opportunity of discussing your letter with people locally...The view is that there is no need for such a bridleway particularly as the Halls who farm at Corhampton Lane Farm have opened up other routes which provide the necessary links."

10.4 The Ramblers Association

The local footpath secretary has commented that he has walked the path on many occasions in the last 15 years but has never seen a horse and rider using it, although riders do use local routes provided by the Countryside Stewardship scheme. The local RA committee would not like to have the path upgraded to a bridleway as the surface would become very muddy and churned up for walkers, especially in the winter months.

10.5 The British Horse Society

The County Access and Bridleways Officer has written with her views:

"This path is already available to riders through the excellent Countryside Stewardship Scheme, and we would not wish to take any action which would jeopardise this. I have spoken to a few people I know who have lived in Corhampton for at least 30 years, and none consider this to be a bridleway. Bob Trigg and Jean Wilkinson were both prominent members of the Hursley Hambledon Hunt, and as such would have worked with local farmers and would have been granted access to their land. Their evidence would almost certainly be challenged on the basis that they were not using it `as of right', but because of this relationship with the landowner. The user evidence is neither of the quality or quantity which the BHS would require to support a claim, so unless you unearth some very strong historical evidence I see no future in pursuing this, particularly when we have other claims which we have asked to be given priority."

10.6 Cyclists' Touring Club

The representative for the Winchester area has replied:

"I am not aware of any cycle use in this instance. I take particular note of the fact that the BHS is not supporting the claim and would be reluctant to comment further."

10.7 Environment Department

No comment

10.8 Hampshire Highways

No comment

11. Analysis of the evidence

11.1 There is nothing within the documentary evidence to suggest that this route has ever been anything other than a footpath or occupational track. The Ordnance Survey maps are consistent in showing most of the route as a narrow path that was gated at several locations. The claim therefore is dependent on user evidence alone.

11.2 There has undoubtedly been use of the claimed route by horse riders but the evidence is consistent with a low level of usage. Use is acknowledged by the gamekeeper who visited the wood on a daily basis and noticed signs of horse use but didn't actually see any for 14 years. Mrs Stott was a local rider for 30 years but didn't ride this particular route and Mrs Nunn, who lives at one end of the path, maintains that it was not in regular use by riders. The Ramblers' representative has walked the path on "many occasions" for the last 15 years but not seen a horse rider.

11.3 Until 1990 the riders were able to use a track, immediately opposite Bridleway 3, to gain access to the woodland without hindrance. The gamekeeper maintains that this route was blocked by the erection and locking of a field gate when the new owner took over St Clairs in 1990. That gate is still in place today with a stile by the side for users of the public footpath. The erection of this gate is corroborated by evidence from four riders, although there is some dispute as to the date. Mrs Shaw places this event 15 to 20 years ago, which is consistent with that of the gamekeeper. Mrs Jenkins and her daughter, Mrs Webling, say that this occurred when St Clairs changed hands, that is 1990, but gives the date as 1997. Mrs Walker maintains that this happened in 1998.

11.4 The erection and locking of the gate is an act that brought the public's right to use the path into question and the relevant period of 20 years use must be counted back from the date that occurred. Given the conflicting evidence regarding the date, this report will consider both periods, that is, 1970 to 1990 and 1978 to 1998. Within the first time frame of 1970 to 1990, there are five riders who claim to have used the path for the full period with a further four riders who have used it for part of that time.

11.5 Two of the five riders that have used the route for 20 years, Jim and Robert Trigg, state on their user forms that the purpose of their journey was hunting. The landowner and other riders say that Jean Wilkinson, a third 20 year user, was also a member of the hunt. A fourth 20 year user, Mrs Shaw, admits in her statement that she rode with the same hunt. Given that the local hunt was given permission by Mr Charles Hall, on an annual basis, to use his land for the purposes of hunting, any user evidence associated with hunting must be disregarded. The fifth 20 year user, Mrs Luery, acknowledges that she used the path with the permission of the gamekeeper at St Clairs, so this evidence is also of no value towards the acquisition of a public right of way.

11.6 This leaves four riders who used the path for less than 20 years: Mrs Jenkins with 10 years use, Miss Kirk with 12 years use, Mrs Wakefield with 5 years use and Mrs Webling with 6 years use. Of those four riders, three are from the same family (Mrs Jenkins, Mrs Wakefield and Mrs Webling) and therefore the value of their evidence is not as great as if they were unrelated.

11.7 For the period 1978 to 1998 there are three full term users and seven riders who have used the path for part of that time. The three 20 year users, R Trigg, J Trigg and J Wilkinson were all associated with the hunt. Of the remaining seven riders with less than 20 years use, Mrs Shaw was connected with the hunt and Mrs Luery had permission from St Clairs, leaving five riders who did not have permission of some description. Miss Kirk, with 16 years use, acknowledges that the route she used through the woodland altered when the footpath was diverted in 1993 therefore her evidence does not consistently apply to the claimed route. Three of the remaining four riders, Mrs Jenkins (18 years use), Mrs Wakefield (13 years use) and Mrs Webling (14 years use) all belong to the same family and therefore, again, their evidence is not as strong as if it came from three unrelated riders. The last rider, Mrs Walker, has 6 years use.

11.8 Regardless of the period of use under consideration, the amount of user evidence is very low and the quality of the user evidence is weak. There are only a maximum of five riders with 20 years use and they were either members of the local hunt that had permission to ride on Mr Hall's land or, in Mrs Luery's case, had permission to ride on St Clairs' land. When this evidence is discarded, the remaining volume of user evidence would struggle to be described as being representative of use by the public as a whole.

12. Conclusions

12.1 The public's right to use the route was brought into question either in 1990 or 1998.

12.2 The relevant 20 year period for consideration is either 1970 to 1990 or 1978 to 1998.

12.3 Within the period 1970 to 1990 there is evidence of use by nine riders, five of whom have the full 20 years use.

12.4 Within the period 1978 to 1998 there is evidence of use by ten riders, three of whom have the full 20 year use.

12.5 Those who rode with the hunt had permission from Mr Charles Hall to ride across his land for the purposes of hunting.

12.6 One user had permission from the gamekeeper of St Clairs to ride through Littleton Copse.

12.7 One user acknowledges that she used more than one route in the woodland within the 1978-1998 period.

12.8 Once the permissive user evidence is discounted, the remaining user evidence is insufficient for it to be considered as use by the public at large.

RECOMMENDATION

That the application for a Map Modification Order, to record bridleway rights, be refused.

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 CR647 - Rights of Way Office, Mottisfont Court, Winchester