Hampshire County Council

Regulatory Committee Item 9

6 September 2006

Application for a Public Path Diversion Order for

Footpath No. 5c in the Parish of Marchwood

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 proposes to make an Order to divert Footpath No.5c in the Parish of Marchwood, as shown on the attached large scale plan.

1.2 It is proposed that the application for diversion of Marchwood Footpath No.5c 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. Background to the Application

2.1 The original alignment of Footpath No.5c follows a historic footpath shown on the Ordnance Survey Third Edition 1906-10, and this is reflected in section C-D of the current route.

2.2 At some stage, the Ministry of Defence took control of the land to the south of Point D to construct the rail link that now serves Marchwood military port and the public right of way was terminated at this point.

2.3 In September 1979, New Forest District Council (NFDC) confirmed an Order under the Town & Country Planning Act 1971 to divert the northern section of the original footpath, in order to allow for housing development in the vicinity of Adamswood Drive, and this realignment is reflected in section A-C of the current route.

2.4 NFDC subsequently granted planning permission to East Dorset Housing Association (EDHA) for the construction of housing to the east and south of Point B. The opportunity was not taken at that time to divert the footpath that crosses the development site, as an erroneous search result supplied by the County had not indicated that there would be a need for action in this respect on the part of the Housing Association.

2.5 There are no plans at present for the County to adopt Brittany Close as a public highway and therefore there are no public rights through the new estate, with the exception of the cul-de-sac footpath B-C-D, which now passes through the footprint of a number of homes in private ownership.

2.6 There is no possibility of reconnecting the section of footpath in question with the previous continuation of this way to the south west.

2.7 The County has agreed to rectify the current anomalous situation by diverting section
B-C-D of Marchwood Footpath No.5c along the pavement on the northern side of Brittany Close to provide a new through link with the public highway (Normandy Way) at Point E.

2.8 All land affected by the proposal is in the ownership of East Dorset Housing Association and they have given their agreement to the diversion proposal.

3. The existing routes and proposed diversions

3.1.1 Current Alignment - The section of Marchwood Footpath No.5c that is to be diverted commences at Point B (GR 438896 110024) on the southern end of a narrow walkway connecting Adamswood Drive with Brittany Close. It then proceeds in a north easterly direction for approximately 10 metres to Point C (GR 438900 110034), before turning sharply south to terminate on the boundary fence of the Ministry of Defence reserve at Point D (GR 438906 109992).

3.1.2 The length of Footpath No.5c affected by the proposal is approximately 53 metres.

3.1.3 Proposed Alignment - The proposed new route for this section of Footpath No.5c begins at the same Point B (GR 438896 110024) and continues south and then east and north along the tarmac footway on the northern side of Brittany Close to terminate at Point E (GR 439020 110095) on the southern verge of Normandy Way.

3.1.4 The length of the proposed route B-E will be approximately 170 metres.

4. The benefits to the public

As the County is promoting this proposal, and will bear the cost associated with the making of any subsequent Order, there is no requirement for the proposal to comply with the current HCC Diversions Policy. It is, however, felt that the proposed changes to the network of public rights of way in the Parish of Marchwood will benefit the public in the following respects:

4.1 The new section of footpath will provide a through route from Adamswood Drive in the west to Normandy Way in the east, whereas the current definitive alignment has no connection to the public highway at its southern terminus, following acquisition of the land to the south of Point D by the Ministry of Defence.

4.2 The proposed realignment of Footpath No.5c does not restrict access to routes or points of interest that are accessible from the current alignment.

5. Summary of Consultation

The proposal was sent out for formal consultation on 20^th June 2006 to the following representative groups, with the request that any comments should be submitted to the County within a period of six weeks:

5.1 Local Member - Councillor David Harrison
Councillor Harrison has not commented on this proposal.

5.2 New Forest District Council
New Forest District Council has not commented on this proposal.

5.3 Marchwood Parish Council
Marchwood Parish Council has not commented on this proposal.

5.4 Rights of Way Area Officer - West
The Rights of Way Area Officer (West) supports this proposal.

5.5 HCC - Highways Management
Highways Management has been consulted on this proposal. They have confirmed that HCC Highways has no plans to adopt Brittany Close.

5.6 HCC - Environment Department
Environment Department has not commented on this proposal.

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

5.8 The Ramblers' Association
The Ramblers' Association has not commented on this proposal.

5.9 The Open Spaces Society
The Open Spaces Society has no objection to the proposal.

5.10 Land Access & Recreation Association (LARA)
LARA has no objection to the proposal.

5.11 National Farmers Union
The National Farmers Union has not commented on this proposal.

5.12 Cyclists Touring Club
The Cyclists Touring Club has not commented on this proposal.

6. Comments on Consultation Replies

6.1 There were no objections to the proposal. Those responses that were received regard the proposed changes as an acceptable method for resolving an anomaly in the Definitive Map.

7. Criteria for Assessment of the Proposal

7.1 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.

7.2 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.

7.3 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:

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

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

7.3.3 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.

8. 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:

8.1 The proposal for diversion of Marchwood Footpath No.5c is in the interests of the public, as it will provide a through route for walkers with connections at both ends to the public highway.

8.2 The proposed diversion will not be substantially less convenient than the existing route.
The new route will provide access to all points currently served by the definitive alignment.

8.3 The proposed diversion will not affect the enjoyment of the path as a whole,
as the new route will provide a level tarmac surface with pleasant views across the railway reserve to the south

8.4 The Rights of Way Area Officer has confirmed that the proposed route, which follows a paved footway, has been constructed to an acceptable standard and will not require additional work before it can be adopted by the County

8.5 The alignment and surfacing of the diverted route is also such that it should not result in a significant increase in the cost of on-going maintenance at public expense.

9. Recommendation

9.1 It is recommended that an Order be made for the diversion of Footpath No.5c in the Parish of Marchwood from the current definitive alignment to a new route running
from Point B (GR 438896 110024), at the western end of Brittany Close, to Point E
(GR 439020 110095) on the southern verge of Normandy Way.

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