Hampshire County Council ITEM

Regulatory Committee

19 October 2005

Proposal to divert part of Footpath No.14 in the Parish of Ampfield

Report of the Director of Recreation and Heritage

Contact: Andrew Jones: Ext 6891 E-mail: [email protected]

Orders for the Diversion 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"

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's County Estates Department is seeking to divert part of Footpath No. 14 in the Parish of Ampfield, as shown on the attached plan.

1.2 It is proposed that the diversion will be 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.

1.3 Hampshire County Council is the freehold landowner of all the land affected by the existing footpath and the proposed new route.

2. The existing route

2.1 The section of Ampfield Footpath No.14 that is the subject of this application for diversion starts at a kissing gate at Point A (GR 438295 123990) on the attached plan. It then runs west along a cleared utility easement strip through mixed woodland, before entering the woods at GR 438060 123940 and continuing west and north to Point B (GR 437900 124028).

2.2 The length of Ampfield Footpath No.14 affected by this application for diversion is approximately 450 metres.

2.3 The section from Point A (GR 438295 123990) westwards to GR 438080 123940 is the subject of an earlier (more extensive) diversion. The diverted section of the footpath was declared at that time to be 2.0 metres wide.

2.4 The remainder of the footpath from GR 438080 123940 to Point B (GR 437900 124028) is stated in the Statement accompanying the Definitive Map to have a width of 3 feet (0.9 metres).

2.5 The section of the footpath west of Point A can be very wet underfoot, due to the clay content of the soil along this stretch of footpath.

3. The proposed new path

3.1 The proposed new route commences at Point A (GR 438295 123990) on the attached plan and continues north through pine forest on a good dry surface between fences set 2.0 metres apart. After approximately 100 metres, the path departs from this reserve at Point C (GR 438262 124095) and heads west through mixed woodlands to rejoin the current alignment of Footpath No.14 at Point B (GR 437900 124028).

3.2 The total length of the proposed diversion is approximately 490 metres.

3.3 The proposed new route will have a minimum width of 2.0 metres throughout its length.

3.4 The existing surface of leaf mould is considerably drier than the surface of the current route west of Point A and should withstand the level of use anticipated by walkers.

4. The reasons for the application

4.1 The proposed diversion will provide a more attractive route for walkers through established woodland along a dry all-weather path.

4.2 There are already good views north towards Braishfield through gaps in the tree cover along section B-C of the proposed diversion. If the application for diversion is approved, the number and quality of these view-points will be increased.

5. Summary of Consultation

5.1 County Estates had originally undertaken a round of preliminary consultation in June 2002 with Ampfield and Braishfield Parish Councils, the Romsey section of the Ramblers Association, Forest Enterprise, Test Valley Borough Council and the owner of Pucknall Farm

5.2 On the basis of favourable responses received from both Parish Councils and the Ramblers Association, the applicant amended the proposal to take into account comments received during informal consultation

5.3 The revised proposal was sent out for formal consultation on 14^th January 2005 to the following representative groups:.

5.3.1 Local Member - Cllr A G Dowden
Councillor Dowden has been consulted on the proposal.

5.3.2 Ampfield Parish Council
The proposal has the support of Ampfield Parish Council (from previous informal consultation)

5.3.3 Test Valley District Council
No response to consultation

5.3.4 Rights of Way Area Officer - South
The proposal has the support of the Area Rights of Way Officer

5.3.5 HCC - Hampshire Highways - West
No objections

5.3.6 HCC - Environment Department
The Environment Department could see no significant public interest, but a number of constructive comments were made

5.3.7 HCC - Ecology Department
The Ecology Department raised objections to the proposal - they had some reservations and concerns.

5.3.8 Hampshire County Archivist
No objections - 19^th Century mapping shows the current alignment from GR 438060 123940 following a historic bank north and west along the Parish Boundary

5.3.9 British Horse Society
No Objection

5.3.10 The Ramblers Association
The proposal has the support of the Ramblers Association (from previous informal consultation).

5.3.11 British Driving Society
No response to consultation.

5.3.12 National Farmers Union
No response to consultation.

5.3.13 Cyclists Touring Club
No response to consultation.

5.3.14 Trail Riders Fellowship
No objection

5.3.15 LARA
No objection.

5.3.16 All Wheel Drive Club
No response to consultation.

5.3.17 The Open Spaces Society
No response to consultation.

6. Comments on Consultation Replies

6.1 The feedback from the consultation carried out has been, for the most part, favourable, although the level of response has not been particularly high.

6.2 Correspondence between County Estates and HCC Environment Department has allayed the concerns of the latter and the objection has been withdrawn (e-mail Willis/Jones 07/07/05)

"Felling of the commercial woodland and the proposed extension of the arboretum into the area together with proposed views to the north should make for a more interesting footpath route.

I therefore now have no objection to the diversion and withdraw the concerns I raised on the earlier consultation (26 Jan 05)"

6.3 Correspondence between County Estates and HCC Ecology Section has allayed the concerns of the latter and the objection has been withdrawn
(e-mail Willis/Carr 21/09/05)

"To confirm, following our conversation earlier to day, our concerns over this diversion really relate to the potential of this diversion to result in 2 active routes through the woodland. However provided that there is adequate signage to ensure that all users are aware of the diversion we have no objection to this diversion."

6.4 There are, therefore, no outstanding objections to the proposal arising from the consultation exercise undertaken in January 2005.

7. Conclusion

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

7.1 It is in the interests of the public, as it will provide a wider and more interesting all-weather route for walkers

7.2 The proposed path is not less convenient than the existing route. The new route will be of a similar length (490 metres, compared to 450 metres on the previous alignment) and wider than the existing route making it easier, safer and more enjoyable for the public to use.

7.3 The proposed diversion will not affect the enjoyment of the path as a whole, as there will be improved views north from the proposed alignment.

Recommendation

It is recommended that an Order be made for the diversion of part of Footpath No. 14 in the Parish of Ampfield (from Point A at GR 438295 123990 through Point C at GR 438262 124095 to Point B at GR 437900 124028) 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 which have 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: Ampfield Footpath No.14 File RJ/DIV/004
Rights of Way Office, Mottisfont Court, Winchester