Hampshire County Council Item 10

Regulatory Committee

26^th April 2006

Dedication of Footpath Rights in the Parish of Highclere

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 Highclere, as shown on the attached plans (two).

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 Mr and Mrs Patrick Griffin of Whitewood, Pantings Lane, Highclere, Hampshire RG20 9PS.

2.2 Section A-B of the proposed route crosses land under their ownership, registered under title number HP 567519 at the Land Registry.

2.3 Mr and Mrs Griffin have obtained the consent and agreement of their neighbours to this proposal - Mr and Mrs Michael Roberts of Weststiles, Pantings Lane, Highclere, Hampshire RG20 9PS. Section B-C of the proposed route crosses land under the ownership of Mr and Mrs Roberts, registered under title number HP 437552 at the Land Registry.

3. The background to the application

3.1 The applicants have appointed an agent to assist them in the processing of this proposal - Mr Steven Smallman, of Drewett & Neate, Donnington Priory, Donnington, Newbury, Berkshire RG14 2JE.

3.2 In August 2005, Mr Smallman approached the County with a request for the diversion of Highclere Footpath No.732 from the definitive alignment, which passed through the rear garden of the property known as `Whitewood', onto a fenced reserve that runs north of the garden hedge/fence of the same property. This route has been used by the public for some years, in preference to the definitive footpath running through `Whitewood'.

3.3 It is possible that the public has already acquired unrecorded rights through continuous use of the footpath along the reserve over a period of more than twenty years. It is not permissible to divert one right of way onto the course of another.

3.4 It has been agreed that Basingstoke and Deane Borough Council (B&DBC)
will make an order to extinguish the existing way under the terms of the
Town & Country Planning Act 1990, in conjunction with development affecting the existing footpath, and that a footpath will be dedicated on the new route under Section 25 of the Highways Act 1980.

3.5 B&DBC has confirmed that they are processing an application for the extinguishment of a section of Highclere Footpath No.732 east of Point C under the Town & Country Planning Act 1990. This Order was made by B&DBC on 22^nd March 2006, but will not be confirmed until so advised by the County.

3.6 This report covers the other half of the package, which should be signed before the Extinguishment Order comes into effect.

4. The proposed new path

4.1 The proposed route of the new footpath commences on the western verge of Pantings Lane at Point A (GR 443565 161130) and proceeds north and west along a clearly defined reservation, between hedges and fences, to reach a kissing gate at Point B (GR 443495 161172). From this point, it swings west through an open wooded area to regain the definitive alignment of Highclere Footpath No.732 at Point C (GR 443466 161165).

4.2 The length of the proposed route A-B-C will be approximately 108 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 John Maxwell (HCC Whitchurch and Clere) has been informed of this proposal in a letter dated 10^th April 2006.

5.3 B&DBC has been informed of this proposal in a letter dated 9^th March 2006.

5.4 Highclere Parish Council has been informed of this proposal in a letter dated 10^th April 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 local authority must be assured that the applicant has the power to make the dedication.

6.2 Mr and Mrs Griffin are the owners of the land covered by section A-B of the new footpath and will sign a dedication agreement for this section of the way.

6.3 Mr and Mrs Roberts are the owners of the land covered by section B-C of the new footpath and will sign a dedication agreement for this section of the way.

6.4 The landowners have agreed to reimburse the County's costs incurred in making this Agreement.

6.5 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, and the current definitive alignment has clearly not been used in the recent past.

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/Highclere Footpath Dedication
Rights of Way Office, Mottisfont Court, Winchester