Hampshire County Council

Regulatory Committee Item 14

4 January 2006

Application for a Public Path Diversion Order for

Part of Footpath No.9 in the Town of Totton & Eling

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,
in the following circumstances:-

"Where it appears to a council as respects a footpath or bridleway in their area
(other than one that is a trunk road or a special road) that,

in the interests of the owner, lessee or occupier of land crossed by the path or way

or

of the public,

it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or of another owner, lessee or occupier), the council may, subject to subsection (2) below, by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order:

(a) create, as from such date as may be specified in the order, any such new footpath or bridleway as appears to the council requisite for effecting the diversion; and

(b) extinguish, as from such date as may be so specified in accordance with the provisions of subsection (3) below, the public right of way over so much of the path or way as appears to the council requisite as aforesaid.

An order under this section is referred to in this Act as a 'public path diversion order'."

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

1. Summary

1.1 Hampshire County Council has received an application to divert part of Footpath No.9 in the Parish of Totton & Eling, as shown on the attached plan.

1.2 It is proposed that the application for diversion of part of Footpath No.9 should be approved 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.

2. Parties to the Application

2.1 The application has been made by Suzanne Ellis of Adams Henry Consulting Ltd, 7 St Peter Street, Winchester SO23 8BW on behalf of Southern Water Services Ltd of Yeoman Road, Worthing BN13 3NX.

2.2 Southern Water Services Ltd is the freehold owner of all land affected by both the existing footpath and the proposed new route.

3. The existing route

3.1 The existing route commences on the verge of the A36 and proceeds across fields to a stile at Point A (GR 434724 115205) on the attached plan. It then continues in a north easterly direction, between the margins of a reservoir and a raised embankment, to a footbridge over the River Blackwater at Point B (GR 434940 115450). Beyond this point, the footpath continues as Nursling & Rownhams Footpath No.18.

3.2 The length of Totton & Eling Footpath No.9 affected by the proposal is approximately 345 metres.

4. The proposed new path

4.1 The proposed route of the diverted section of Footpath No.9 begins at a stile at Point A (GR 434724 115205) on the north east corner of a field and proceeds north across a ditch to a gravelled private road. It then turns south east along this road for approximately 50 metres to Point C (GR 434772 115208) before proceeding north and then north east along a raised gravel track between two reservoirs. The proposed route then leaves the embankment at a kissing gate at Point D (GR 434885 115380) and crosses a grassy meadow before reaching the footbridge at Point B (GR 434940 115450) on the parish boundary.

4.2 The total length of the proposed route A-C-D-B will be approximately 370 metres.

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

4.4 The surface of the proposed route is such that it will not require improvement before it can be brought into use.

5. The background to the application

It is felt that the proposed changes to Footpath No.9 in the vicinity of Testwood Lakes will benefit the landowner (Southern Water Services Ltd) in the following respect:

5.1 The management of water resources in the area will be facilitated - the waterline created by the filling of the reservoirs is now within a few metres of the definitive alignment of Footpath No.9, and this has implications for both public safety and water quality.

6. The benefits to the public

It is felt that the proposed changes to Footpath No.9 in the vicinity of Testwood Lakes will benefit the walking public in the following respects:

6.1 The revised alignment will follow a dry, elevated track for most of its length, providing an all-weather surface suitable for walkers which also has good views of the reservoirs (and associated wildlife) on both sides of the route. The current alignment is susceptible to flooding when the reservoir level rises following periods of heavy rainfall.

6.2 The landowner will ensure that a minimum width of 2.0 metres is dedicated and available for the whole of the diverted route.

6.3 The total length of the current alignments of Footpath No.9 is 345 metres. The total length of the revised alignment (Section A-C-D-B) is 370 metres. There is therefore not a significant change in footpath length.

7. Summary of Consultation

The proposal was sent out for formal consultation on 12^th October 2005 to the following representative groups:

7.1 Local Member - Cllr Alan Weeks
Councillor Weeks has no objection to this proposal.

7.2 Test Valley Borough Council
No response to consultation.

7.3 Totton & Eling Town Council
No response to consultation.

7.4 Rights of Way Area Officer - West
The Area Rights of Way Officer would prefer an alignment that eliminates the dog-leg through Point C. This suggestion has been forwarded to the applicant, but in consultation with the Hampshire Wildlife Trust they have decided to remain with the original alignment that went to consultation.

7.5 HCC - Highways Management
Highways Management has no objection to this proposal.

7.6 HCC - Environment Department
The Environment Department has no comment on this proposal.

7.7 Hampshire County Archivist
19^th Century mapping shows the current alignment of Totton & Eling Footpath No.9. The Archivist did not find evidence of any higher rights shown on historic maps.

7.8 The Ramblers' Association
The Ramblers' Association has no objection to this proposal.

7.9 The Open Spaces Society
The Open Spaces Society has no objection to the Proposal, although they have sought reassurance that the public will not be deprived of access to the water margins.

7.10 Land Access & Recreation Association (LARA)
LARA has no comment on the Proposal.

7.11 British Horse Society
No response to consultation.

7.12 National Farmers Union
No response to consultation.

7.13 Cyclists Touring Club
No response to consultation.

8. Comments on Consultation Replies

8.1 Comments received from user groups as a result of the consultation exercise have been either favourable or neutral, with the exception of the Rights of Way Area Officer, who has queried the alignment of part of the route (see 7.4).

8.2 No objections were received to the proposal for diversion of Totton & Eling Footpath No.9.

9. Criteria for Assessment of the Proposal

9.1 The Council, as a Highway Authority, has the power to make a Public Path Diversion Order, if it is considered expedient to do so in a particular case.

9.2 Section 119(2) of the Highways Act 1980 requires that a Diversion Order should not be made unless the new termination point is substantially as convenient to the public as the existing termination point.

9.3 Section 119(6) of the Highways Act 1980 requires that a Diversion Order should not be confirmed unless the new path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which:

9.3.1 the diversion would have on public enjoyment of the path or way as a whole;

9.3.2 the coming into operation of the order would have as respects other land served by the existing public right of way; and

9.3.3 any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it.

10. 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:

10.1 The proposal for diversion of Totton & Eling Footpath No.9 is in the interests of the public, as it will provide a wider and more convenient all-weather route for walkers.

10.2 The proposed diversion will not be less convenient than the existing route. Although the new route (370 metres) will be slightly longer than the previous alignment (345 metres), the increase is not considered to be significant.

10.3 The proposed diversion will not affect the enjoyment of the path as a whole, as there will be improved views to the lakes on both sides of the embanked section of the footpath.

10.4 The surface of the track onto which Footpath No.9 will be diverted is such that it will require minimal maintenance at public expense.

11. Recommendation

It is recommended that an Order be made for the diversion of Footpath No.9
in the Town of Totton & Eling, in the interest of the public.
The new section of the route will run from Point A (GR 434724 115205) through Points C (GR 434772 115208) and D (GR 434885 115380) to terminate at Point B (GR 434940 115450) on the parish boundary, as shown on the attached plan.

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: ATJ/DIV/Totton & Eling Footpath No.9
Rights of Way Office, Mottisfont Court, Winchester