Hampshire County Council

Regulatory Committee Item 8

7 June 2006

Application for a Public Path Diversion Order for

Footpath No. 5 in the Parish of Bramshill

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 Footpath No.5 in the Parish of Bramshill, as shown on the attached large scale plan.

1.2 It is proposed that the application for diversion of Bramshill Footpath No.5 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 Mrs V J Squires, Estate Surveyor, of Aggregate Industries UK Ltd, Bardon Hill, Coalville, Leicestershire LE67 1TL.

2.2 Aggregate Industries UK Ltd is the freehold owner of all of the land affected by both the existing footpath and the proposed new route, with the exception of Sandy Lane where there is no known landowner.

3. The existing routes and proposed diversions

3.1 Section A-B-C

3.1.1 Current Alignment - This section of Bramshill Footpath No.5 begins at Point A
(GR 474610 161912) on the eastern verge of Ford Lane and then proceeds in a generally easterly direction, through a badly drained section of young conifers,
to a junction with a clearly defined permissive bridle track at Point C (GR 475188 161874).

3.1.2 The length of Footpath No.5 affected by this part of the proposal is approximately 614 metres.

3.1.3 Proposed Alignment - The proposed new route for this section of Footpath No.5 begins at the same Point A (GR 474610 161912) on the eastern verge of Ford Lane and then proceeds along an alignment broadly parallel to, and to the south of, the definitive alignment, to a junction with a clearly defined permissive bridle track at Point C (GR 475188 161874). The route follows a broad clearing through a relatively well drained section of the coniferous plantation.

3.1.4 The length of the proposed route A-B-C will be approximately 630 metres.

3.2 Section C-D

3.2.1 No change.

3.3 Section D-E

3.3.1 Current Alignment - This section of Bramshill Footpath No.5 begins at Point D
(GR 475452 162068) and continues through heathland and young conifers to Point E (GR 476028 162726) at a junction with a clearly defined permissive bridle track. Two large ponds have been created in natural hollows resulting from earlier gravel extraction, making it impossible to follow the definitive alignment at these points.

3.3.2 The length of Footpath No.5 affected by this part of the proposal is approximately 926 metres.

3.3.3 Proposed Alignment - The proposed new route for this section of Footpath No.5 begins at Point D (GR 475452 162068) and then proceeds around the eastern margin of the first pond, before continuing in a direction broadly parallel to the existing definitive alignment. It then skirts the western margin of the second pond to arrive
at a junction with a clearly defined permissive bridle track at Point E (GR 476028 162726).

3.3.4 The length of the proposed route D-E will be approximately 908 metres.

3.4 Section E-H

3.4.1 Current Alignment - This section of Bramshill Footpath No.5 begins at Point E
(GR 476028 162726) and proceeds in a north easterly direction along the property boundaries of Broom Cottage and The Old Chapel to reach Point H (GR 476100 162822) on a privately owned track.

3.4.2 The length of Footpath No.5 affected by this part of the proposal is approximately 118 metres.

3.4.3 Proposed Alignment - The proposed new route for this section of Footpath No.5 begins at Point E (GR 476028 162726) and proceeds across the track and then east and south through light deciduous woods to reach a pedestrian gate on the western verge of Sandy Lane at Point F (GR 476108 162704). It then continues in a northerly direction along the western half of Sandy Lane (within Bramshill Parish) to a junction with the public highway at Point G (GR 476148 162778).

3.4.4 The length of the proposed route E-F-G will be approximately 174 metres.

3.5 Sandy Lane

3.5.1 Sandy Lane has been the subject of a Map Modification Order to record the route as a Byway Open to All Traffic (BOAT). This Order was contested and, although confirmed following a public inquiry, the Order was subsequently quashed as a result of an appeal to the High Court. This leaves the question of the existence of public rights over Sandy Lane still to be resolved.

3.5.2 If it is eventually found that public rights higher than that of a footpath exist over Sandy Lane, then part of the diverted route of Footpath No.5 will be subsumed within those higher rights. This will mean that Bramshill Footpath No.5 will terminate, at its northern end, at the junction with Sandy Lane (Point F), rather than at New Mill Lane (Point G).

4. The reasons for the application

Bramshill Common has a history of gravel working across an extensive area, and this has been followed in more recent times by a programme of levelling and reinstatement of the soil surface and forest cover. During this process, much of the evidence on the ground relating to the routes of public rights of way has been lost and the nature of the area through which they pass has been changed. In some cases, the footpaths cross areas of ground that are now badly drained, making conditions very wet and muddy under foot, and in at least two instances the definitive alignment now passes through large ponds created as part of the new wildlife habitat. It is therefore desirable to divert these routes onto more solid ground, without significantly changing the route or destination of the footpaths in question.

This proposal also provides the opportunity to correct an anomaly, whereby Bramshill Footpath No.5 (as it currently exists) has been left as a cul-de-sac at one end, following a realignment of the County boundary with Berkshire. At the northern terminus of the definitive alignment of Bramshill Footpath No.5, the track into which it leads is in private ownership (Thames Water) and there are no public rights of access along it to the nearest public highway (New Mill Lane).

The current lessee of Bramshill Plantation, Forest Enterprises, has created an extensive network of permissive footpaths and bridleways that are already in frequent use by the public at large, but this application seeks to provide a legal and enduring right of pedestrian passage across the width of the forest plantation.

5. The benefits to the public

It is felt that the proposed changes to the network of public rights of way in Bramshill Plantation will benefit the walking public in the following respects:

5.1 The new route will follow a broad, clear path through the stands of conifers, avoiding the lower lying areas of poor drainage created by gravel extraction operations.

5.2 The new route will provide a through route from Ford Lane in the west to New Mill Lane in the north east, whereas the definitive alignment has no connection to the public highway at its eastern end, following realignment of the county boundary.

5.3 The proposed realignment of Footpath No.5 does not introduce any significant change in the length of network, nor does it restrict access to routes or points of interest which are accessible from the current alignment.

6. Summary of Consultation

The proposal was sent out for formal consultation on 24^th February 2006 to the following representative groups:

6.1 Local Member - Councillor David Simpson
Councillor Simpson has been consulted on this proposal and has no objections to the proposal.

6.2 Hart District Council
Hart District Council has been consulted on this proposal.

6.3 Bramshill Parish Council
The Clerk to Bramshill Parish Council did not foresee any objections to the proposal.

6.4 Eversley Parish Council
Although the majority of the route is within the Parish of Bramshill, Eversley Parish Council supports the diversion in principle and made a number of helpful comments concerning footpath numbering and the alignment of the route along the Sandy Lane section.

6.5 Rights of Way Area Officer - North East
The Rights of Way Team Leader (North) has been consulted on this proposal.

6.6 HCC - Highways Management
Highways Management has no comment to make on this proposal.

6.7 HCC - Environment Department
Environment Department has been consulted on this proposal.

6.8 Hampshire County Archivist
The Ordnance Survey Maps of the late 19^th Century appear to show the majority of the current footpath routes. The Archive does not suggest that any higher rights existed over the routes to be diverted.

6.9 The Ramblers' Association
The Ramblers' Association has no objection to the proposal, "provided that it is intended to be a permanent diversion that will be shown on the definitive map and incorporated by OS on their maps".

6.10 The Open Spaces Society
The Open Spaces Society has been consulted on the proposal.

6.11 Land Access & Recreation Association (LARA)
LARA has no view on the proposal.

6.12 British Horse Society
No response to consultation.

6.13 National Farmers Union
The National Farmers Union has no objection to the proposal.

6.14 Cyclists Touring Club
No response to consultation.

7. Comments on Consultation Replies

7.1 All of the responses received from the consultation exercise are either in favour of the proposal, or have no objection to it.

7.2 There were no objections to the proposal.

8. Criteria for Assessment of the Proposal

8.1 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.

8.2 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.

8.3 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:

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

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

8.3.3 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.

9. Conclusion

Officers are of the opinion that the proposed diversion satisfies the criteria required by section 119 of the Highways Act 1980 and that it is expedient for the Council to make an order in that:

9.1 The proposal for diversion of Bramshill Footpath No.5 is in the interests of the public, as it will provide a clearer, wider and drier through route for walkers with (for the first time) connections at both ends to the public highway.

9.2 The proposed diversion will not be substantially less convenient than the existing route.
There is no significant change in the overall length of footpath and the new route will provide access to all points currently served by the definitive alignment.

9.3 The proposed diversion will not affect the enjoyment of the path as a whole,
as the new route will provide a good walking surface with pleasant views of the surrounding countryside.

9.4 The alignment and surfacing of the diverted routes should not result in a significant increase in the cost of maintenance at public expense.

10. Recommendation

It is recommended that an Order be made for:

10.1 The diversion of Footpath No.5 in the Parish of Bramshill from the current
definitive alignment to a new route running from Point A (GR 474610 161912),
on the eastern verge of Ford Lane, to Point G (GR 476148 162778) on the western
verge of New Mill Lane.

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/Bramshill Footpath No.5
Rights of Way Office, Mottisfont Court, Winchester