Hampshire County Council Item

Regulatory Committee

13 February 2006

Proposal to delete Footpath 10 in the Parish of Baughurst from the definitive map of public rights of way

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 -

(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows -

(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.

1. Summary

1.1 Members are asked to rescind an order made on 7 September 2005 because the resolution, and minutes, quoted the wrong item of legislation. Members are asked for approval to make the same order using the correct piece of legislation.

2. Background

2.1 The report of 7 September concerned the proposed deletion of the public right of way known as Baughurst Footpath 10 and contained evidence that the path was incorrectly recorded as a public right of way when the first definitive map was compiled in the 1950s. The report ended with a recommendation that an order be made to delete the path but, unfortunately, it quoted section 31 of the Wildlife & Countryside Act 1981 as the grounds for making the order. The correct section is 53 as displayed in the box above. Members agreed with the recommendation and the resolution that was recorded in the minutes replicated the same error. This only came to light when the order was being prepared by the Chief Executive.

RECOMMENDATION

1) That the decision of the Regulatory Committee made on 7 September 2005, to delete Baughurst Footpath 10, be rescinded.

2) That approval be given for the making of a Map Modification Order, to delete the right of way known as Baughurst Footpath 10, under Section 53(c)(iii) Wildlife & Countryside Act 1981.

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: Baughurst Footpath 10 - Rights of Way Office, Mottisfont Court, Winchester