Hampshire County Council Item 9

Regulatory Committee

26^th April 2006

Dedication of Footpath Rights in the Parish of Kingsclere

Report of the Director of Recreation and Heritage

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

Extract from the Highways Act 1980

Section 25(1) - Creation of a Footpath or Bridleway by Agreement

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...

1. Summary

1.1 Hampshire County Council has received an offer to dedicate a new section of Footpath in the Parish of Kingsclere, as shown on the attached plan.

1.2 It is recommended that the offer be accepted with thanks and that the dedication be made under Section 25 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981.

2. Parties to the Application

2.1 The offer has been made by the Head of Property Services, Basingstoke & Deane Borough Council, Civic Offices, London Road, Basingstoke, Hampshire RG21 4AH.

2.2 The full extent of the footpath between Points A and C lies on land which is in the ownership of Basingstoke & Deane Borough Council, registered under title number HP 663846 at the Land Registry.

3. The background to the application

3.1 In November 2005, the Network Development Officer received an application from Mr Newbery of Porch Farm, Kingsclere to divert a number of existing footpaths to the west of the area under consideration.

3.2 Following a site visit with the Rights of Way Area Officer, it was agreed that this diversion package could be strengthened, to the benefit of local residents, by formally adopting the existing footpath south of the A339 Newbury Road.

3.3 The Network Development Officer approached B&DBC in January 2006 with the suggestion that the footpath should be taken on by the County as a public right of way and this was duly accepted by their Property Services Department.

3.4 The land over which the footpath passes was transferred to B&DBC under the terms of a TCPA Section 106 agreement. It is believed that the footpath was in existence at the time that this agreement was signed (July 1998), but its history and provenance are otherwise unclear. There is, however, no evidence of higher rights along this route. The surface of the footpath was engineered and improved by the builders before ownership of the remaining land was transferred to the local authority.

3.5 There is clear evidence that this route is in regular use by local residents to gain pedestrian access to the Newbury Road. It is also in use by dog walkers who use a permissive route around the perimeter of adjoining fields. If the planned diversion of the cross-field sections of Kingsclere Footpath Nos.71 and 72 is approved, the footpath under consideration will provide an essential component in this improved local network.

3.6 It is therefore desirable that the County should formally record permanent public rights over this route, to the benefit of local residents and walkers drawn from a wider area.

3.7 The diversion proposal for Porch Farm is a separate issue and will be progressed once this Dedication Agreement has been brought into effect.

4. The proposed new path

4.1 The proposed route of the new footpath commences on the southern verge of the A339 Newbury Road at Point A (GR 452136 159356) and proceeds south along a clearly defined footpath, set within a wide recreational reserve, to reach Point B (GR 452088 158990). From this point the footpath turns to the east and then north to reach a junction with the public highway (Garrett Close) at Point C
(GR 452128 159020).

4.2 The length of the proposed route A-B-C will be approximately 440 metres.

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

5. Summary of Consultation

5.1 There is no requirement to consult with outside bodies under Section 25 of the Highway Act 1980.

5.2 Cllr Keith Chapman (Calleva & Kingsclere)has been informed of this proposal in a letter dated 10^th April 2006

5.3 Basingstoke & Deane Borough Council is a party to this proposal.

5.4 The Secretary to Kingsclere Parish Council was informed of this proposal by letter dated 28^th February 2006.

5.5 Once the Deed of Dedication has been completed, Chief Executives will publish an advertisement to this effect in the local press.

6. Criteria for Assessment of the Proposal

6.1 The only criterion for consideration under Section 25 of the Highways Act 1980 is that the County must be assured that the applicant has the power to make the dedication.

6.2 Basingstoke & Deane Borough Council has registered title to the land in question and therefore has the power to make this dedication.

6.3 The County will bear the costs incurred in making the Agreement.

6.4 The surface of the alignment under consideration is in good condition, will not require additional work to bring it into formal use, and will not incur extraordinary costs for subsequent routine maintenance.

7. Conclusion

7.1 The proposed route is already in regular use as a public footpath.

7.2 The proposed route should be adopted as a public right of way with footpath status.

8. Recommendation

It is recommended that the Regulatory Committee should accept the offer of dedication with thanks.

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/DED/Kingsclere Footpath Dedication
Rights of Way Office, Mottisfont Court, Winchester