Hampshire County Council Item 6

Regulatory Committee

20 July 2005

Dedication of a public footpath from Vears Lane to St Vigor Way in the Parish of Colden Common

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...on the date when the right of the public to use the way is

(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 Colden Common Parish Council, acting as landowner, has offered to dedicate to the public a footpath that connects Vears Lane with St Vigor Way. The offer is recommended for acceptance.

2. Landowner:

Colden Common Parish Council

Parish Council Office

Community Centre

St Vigor Way

Colden Common

Winchester

SO21 1UU

3. Background

3.1 Following the development of an area of land for housing, on the south side of Colden Common, a small park was retained for public recreation. This park includes a pond and a path, 160 metres long, that runs from Vears Lane to St Vigor Way. In 1996 this park was transferred to the ownership of the Parish Council and it has been responsible for the management of the site since that date.

3.2 The path has a gravel surface and, if dedicated as a public footpath, responsibility for the maintenance of the surface would fall to the County Council. The proposed width of the right of way is 2.0 metres. Although Vears Lane is not recorded as a public highway of any description the public has been using it on foot for many years and it is very likely that at least public footpath rights exist over it.

3.3 The parish council wish to dedicate the path for three reasons:

1) The route would be included on the definitive map and future Ordnance Survey maps.

2) The County Council would take responsibility for maintenance of the footpath

3) A new registered footpath would be a welcome edition to the existing network of public rights of way within the Parish.

4. Consultations with other bodies

4.1 Winchester District Council

A district councillor initiated this proposal and supports the dedication

4.2 Councillor P Mason - local member

No objection

4.3 The Ramblers Association

Welcomes the proposed dedication

5. Financial implications

5.1 The footpath, once dedicated, will be a publicly maintainable highway. The route will require ongoing maintenance but this is not expected to be onerous and is justified by the benefit to the public of the new link.

RECOMMENDATION

That the offer of a dedicated footpath, from Colden Common Parish Council, 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: Colden Common dedication - Rights of Way Office, Mottisfont Court, Winchester