Hampshire County Council

Regulatory Committee Item 20

29 November 2006

Application for a Public Path Diversion Order for

Footpath No. 9 in the Parish of Binsted

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 part of Footpath No.9 in the Parish of Binsted, as shown on the attached large scale plan.

1.2 It is recommended that the application for diversion of Binsted Footpath No.9 should 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 public interest.

2. Parties to the Application

2.1 The application has been made by Mr Paul Stamp of West Court, Binsted Road, Binsted, Alton, Hampshire GU34 4NU.

2.2 Mr Stamp is the freehold owner of all of the land affected by both the existing footpath and the proposed new route.

3. The existing route and proposed diversion

3.1 Current Alignment - The section of Binsted Footpath No.9 affected by this proposal begins at Point A (GR 476634 141104), at an existing stile just to the north of a pond, and continues north, along the edge of a meadow on the eastern side of a fence, to a second stile at Point B (GR 476632 141150) on the southern edge of the C84 Binsted Road. The path then descends, via a set of steep steps, to the level of the road below.

3.2 The length of Binsted Footpath No.9 affected by the proposal is approximately 46 metres.

3.3 Proposed Alignment - The proposed new footpath will commence at Point A
(GR 476634 141104), at a new kissing gate just to the north of a pond, and continues north north east across a meadow in the direction of Binsted Footpath No.25. Where it approaches the C84 Binsted Road at Point C (GR 476662 141168), Binsted Footpath No.9 will descend into a graded cutting with shallow steps that will bridge the difference in levels between the field and the road.

3.4 The length of the proposed new footpath will be approximately 70 metres and the width of this section of Binsted Footpath No.9 will 2.0 metres.

4. The benefits to the public

It is felt that the proposed changes will benefit the walking public in the following respects:

4.1 The new route will lead more directly to the natural continuation of the way north
along Binsted Footpath No.25, and will avoid walkers having to traverse the potentially dangerous section of road between points B and C.

4.2 Access and public safety will be improved by removing stiles and a steep set of steps at Point B and replacing them with kissing gates and a graded ramp with shallow steps at Point C.

5. Summary of Consultation

The proposal was sent out for formal consultation on 23^rd August 2006 to the following representative groups:

5.1 Local Member - Councillor Mark Kemp-Gee
Councillor Kemp-Gee fully supports this proposal,.

5.2 East Hampshire District Council
EHDC has been consulted on this proposal.

5.3 Binsted Parish Council
Binsted Parish Council has no objection to this proposal and considers that the new route will be "a distinct and safer improvement".

5.4 Rights of Way Area Officer - North East
The Rights of Way Team Leader (North) supports this proposal.

5.5 HCC - Highways Management
Highways Management has been consulted on this proposal.

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

5.7 Hampshire County Archivist
The Ordnance Survey Maps of the early 20^th Century do not show the section of footpath in question - the southern section of what is now Pamber Footpath No.9 makes an abrupt turn to the east at a point south of the pond and there is no evidence of a footpath or other way crossing the field to the north. The Archive therefore does not suggest that any higher rights existed over the section of route to be diverted.

5.8 The Ramblers' Association
The Ramblers' Association has been consulted on this proposal.

5.9 The Open Spaces Society
The Open Spaces Society has no objection to this proposal. Their local representative was consulted at an early stage in the development of the proposal and has made a number of helpful suggestions, including a draft design for the cutting and steps to be constructed at Point C.

5.10 Land Access & Recreation Association (LARA)
LARA has no objections to this proposal.

5.11 British Horse Society
The British Horse Society has been consulted on this proposal.

5.12 National Farmers Union
The National Farmers Union has no objection to this proposal.

5.13 Cyclists Touring Club
The Cyclists Touring Club has been consulted on this proposal.

6. Comments on Consultation Replies

6.1 There were no objections to the proposal for the diversion of Pamber Footpath No.9.

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 Binsted Footpath No.9 is in the interests of the public,
as it will provide a safer exit onto the public highway at the northern end, via a graded cutting, that will also offer improved lines of sight along the road in either direction.

8.2 The proposed diversion will not be substantially less convenient than the existing route.
There is no significant change in the overall length of footpath/road available to walkers,
as the new route will provide more direct access to the natural extension of this footpath
to the north of the C84 Binsted Road.

8.3 The proposed diversion will not affect the enjoyment of the path as a whole,
as the replacement of the existing stiles by kissing gates will improve access for those with limited mobility.

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

9. Recommendation

It is recommended that an Order be made for the diversion of Footpath No.9 in the Parish
of Binsted from the current definitive alignment to a new route running from Point A
(GR 476634 141104), at a new kissing gate to the north of a pond, thence north north east across a meadow to an engineered ramp at Point C (GR 476662 141168) on the southern edge of the C84 Binsted Road.

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/Binsted Footpath No.9
Rights of Way Office, Mottisfont Court, Winchester