Hampshire County Council

Regulatory Committee Item 15

10 January 2007

Application for a Public Path Diversion Order for part of

Footpath No. 4 in the Parish of Eversley

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.4 in the Parish of Eversley, as shown on the attached large scale plan.

1.2 It is proposed that the application for diversion of part of Eversley Footpath No.4 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 E Purkis and Mrs J A Nadin, of Westlands, Lower Common, Eversley, Hampshire RG27 0QU.

2.2 Mrs Purkis and Mrs Nadin are the freehold owners of all the land covered by the current proposal.

2.3 Mr W Hundley is a lessee of the land in question and has given his written consent to the making of the application.

2.4 Mr Frank Dowling, a Conservation and Design Consultant, has been appointed as agent by the landowners to process their application.

3. The existing routes and proposed diversions

3.1 Current Alignment

3.1.1 The section of Eversley Footpath No.4 affected by this proposal commences at Point A (GR 476176 162758), at a junction with U241 New Mill Lane, and then runs in a generally easterly direction through woods to emerge near Point B (GR 476205 162755) in the exercise paddock of an equestrian centre. The footpath then continues in an east south easterly direction across the paddock, through Points C (GR 476304 162702) and D (GR 476366 162670) to Point E (GR 476405 162650), where it turns abruptly south along a fenced reserve.

3.1.2 The length of Eversley Footpath No.4 between Points A and E is approximately 256 metres.

3.2 Proposed Alignment

3.2.1 Section A-D of the current alignment of Eversley Footpath No.4 will be diverted to
a new route that commences at Point F (GR 476175 162802), on the eastern verge of the U241 New Mill Lane. It then proceeds in a generally east south easterly direction across the corner of a paddock and then along the raised bank of the River Blackwater, through Point H (GR 476320 162728) to a wide bridge to Point J
(GR 476418 162676).

3.2.2 Section E-D of the current alignment of Eversley Footpath No.4 will be diverted to
a new route that commences at Point E (GR 476405 162650) and then heads in a north north easterly direction to Point J (GR 476418 162676). It then crosses the bridge and heads east along the elevated river bank to rejoin the existing alignment of Eversley Footpath No.4 at a second bridge at Point K (GR 476534 162666).

3.2.3 The length of the proposed diversion between Points F and J will be approximately 278 metres . The length of the proposed diversion between Points E and K will be approximately 145 metres.

3.2.4 The proposed footpaths will have a width of 2.0 metres throughout their length.

4. Background to the application

4.1 At present, a significant portion (B-E) of Eversley Footpath No.4 passes through the exercise fields, and beside the jumps, of a commercial riding school. Not only does this raise issues of public safety where walkers and riders are in close proximity, but the surface can become heavily poached by horses during the winter months.

4.2 An alternative alignment (F-J) has been proposed which would route the footpath along a raised embankment beside the river.

4.3 An additional section of footpath (J-K) will be dedicated as part of the overall diversion package.

5. The benefits to the public

It is felt that the proposed changes to the alignment of Eversley Footpath No.4 will benefit the public in the following respects:

5.1 The new route will be removed from the vicinity of the riding school buildings and jumps to the south, which will minimise the possibility of interaction between walkers and horse riders, leading to an improvement in safety for both parties.

5.2 By diverting the footpath onto the elevated river bank, conditions under foot will be considerably improved, particularly during the winter months.

5.3 New views across the river and the flood plain to the north will become available to walkers.

5.4 The attractive wooded section of footpath southeast of Point E has been retained, providing a short circular walk for local residents in need of exercise.

5.5 The entry into Eversley Footpath No.4 will be more obvious to those arriving from the north via the footbridge over the River Blackwater.

5.6 The riverside walk will provide a more obvious route for walkers that can be more effectively way-marked by the County Council.

6. Summary of Consultation

The proposal was sent out for formal consultation on 19^th October 2006 to the following representative groups, with the request that any comments should be submitted to the County Council within a period of six weeks:

6.1 Local Member - Councillor David Simpson
Councillor Simpson has confirmed that he has no objection to this proposal.

6.2 Hart District Council
Hart District Council has not commented on this proposal.

6.3 Eversley Parish Council
Eversley Parish Council has not commented on this proposal.

6.4 Rights of Way Area Officer
The Rights of Way Area Team Leader for North Hampshire is in favour of this proposal.

6.5 HCC - Highways Management
Highways Management has not commented on this proposal.

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

6.7 Hampshire County Archivist
Ordnance Survey Maps of the period 1870-71 were consulted, but no evidence was found that would indicate that higher rights may have existed over the route to be diverted.

6.8 The Ramblers' Association
The Ramblers' Association has confirmed that they have no objection to this proposal.

6.9 The Open Spaces Society
The Open Spaces Society has confirmed that they have no objection to this proposal, although they would have preferred the removal of the dogleg east of Point K. The landowner is unwilling to accommodate this request.

6.10 Land Access & Recreation Association (LARA)
LARA has confirmed that they have no objection to this proposal.

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

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

7. Comments on Consultation Replies

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

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 Eversley Footpath No.4 is in the interests of the public,
as it will provide a clear, well marked, route for walkers that will ensure a degree of separation from horses being exercised in the field immediately to the south.

9.2 The proposed diversion will not be substantially less convenient than the existing route, as the diverted section F-J (278 metres) is not significantly longer than the equivalent section of the current route A-E (256 metres).

9.3 The proposed diversion will not affect the enjoyment of the path as a whole,
as the new route will provide improved conditions under foot and better views to the north across the River Blackwater and associated meadows and ponds, which form an important wildlife habitat.

9.4 The Area Team Leader for North Hampshire has assessed the works that are necessary to bring the new route up to an acceptable specification and the applicant has agreed to carry out and/or fund these improvements.

9.5 It is unlikely that there will be any increase in the cost of maintaining the route at public expense.

10. Recommendation

It is recommended that an Order be made for:

10.1 The diversion of section A-D of Footpath No.4 in the Parish of Eversley from the current definitive alignment to a new route running from Point F on the attached plan, on the eastern verge of the U241 New Mill Lane, along the raised bank of the River Blackwater to a bridge at Point J.

10.2 The diversion of section E-D of Footpath No.4 in the Parish of Eversley from the current definitive alignment to a new route running from Point E on the attached plan, through Point J and then east to rejoin the existing alignment of Eversley Footpath No.4 at Point K.

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/ Eversley Footpath No.4
Rights of Way Office, Mottisfont Court, Winchester