Hampshire County Council

Regulatory Committee Item 16

10 January 2007

Application for a Public Path Diversion Order for part of

Footpath No. 17 in the Parish of Pamber

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.17 in the Parish of Pamber, as shown on the attached large scale plan.

1.2 It is proposed that the application for diversion of part of Pamber Footpath No.17 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 Mr Brian Kirby, of 1 College Farm Bungalows, Silchester Road, Little London, Tadley, Hampshire RG26 5EX.

2.2 Mr Kirby is the freehold owner of part of the land covered by the definitive alignment of the footpath in question.

2.3 Mr Kirby is supported in this application by his neighbour to the north, Mr F J Inwood of Kinghern Kennels, Silchester Road, Little London, Tadley, Hampshire RG26 5EX. The middle section of Footpath No.17 crosses land in his ownership and Mr Inwood has given his written consent to this proposal.

2.4 The remainder of the land covered by both the definitive alignment of Pamber Footpath No.17 and the proposed new route is in the ownership of the Englefield Estate, which is based at Englefield Road, Theale, Reading, Berkshire RG7 5DU. The Land Agent for the estate, Mr K R McDiarmid, has given his written consent to this proposal.

3. The existing routes and proposed diversions

3.1 Current Alignment

3.1.1 Pamber Footpath No.17 commences at Point A (GR 452530 159462), at a junction with Pamber Footpath No.15, and then runs in a north westerly direction along the eastern side of a fence line to Point C (GR 462452 159596) at a junction with Pamber Footpath No.16. It then continues in the same direction, through a number of out-buildings and across a clearing, into Kinghern Copse. Near Point D (GR462346 159692) it is obstructed by fences around the property known as Silverdale, before crossing a cultivated field to Point E (GR 462300 159754). The footpath then turns west, along the old access track for the former clay workings and allotments, to terminate at Point F (GR 462188 159746) on the C90 Silchester Road.

3.1.2 The length of Pamber Footpath No.17 between Points A and F is approximately 494 metres.

3.2 Proposed Alignment

3.2.1 The proposed alignment of the new footpath will commence at Point G (GR 462522 159462), at a kissing gate that will replace the existing stile on the western side of the fence line, and continues north west along the western side of the fenceline, through a second kissing gate at Point H (GR 462460 159570), to Point J (GR462440 159596). It then turns north east, for approximately 12 metres, before continuing in a north westerly direction across a footbridge and between out-buildings to enter Kinghern Copse. At Point N (GR 462372 159710), the footpath emerges into a cultivated field and takes a direct line west north west to rejoin the final section of the current definitive alignment of Pamber Footpath No.17 at Point P (GR 462202 159746).

3.2.2 The short section of footpath between Points P and F is not subject to diversion under this proposal.

3.2.3 The length of the proposed new footpath between Points G and F will be approximately 488 metres. The proposed footpath will have a width of 2.0 metres throughout its length.

4. The reasons for the application

4.1 Mr Kirby has made separate application to the County for the extinguishment of Pamber Footpath No.16, on the grounds that it is not needed for public use. As part of the case for the stopping up of Footpath No.16, Mr Kirby has agreed to changes in the alignment of the adjacent Footpath No.17 that will make it more accessible to the public and provide a viable alternative route once Footpath No.16 has been extinguished.

Members agreed to the making of an Extinguishment Order for Pamber Footpath No.16 at their meeting on 18^th October 2006, but Officers will ensure that this order is not confirmed until the rerouting and upgrade of Pamber Footpath No.17 is assured.

4.2 The alignment of Pamber Footpath No.17 that is shown on the definitive Plan is not the route that is currently in use by the public. Over the years, walkers have established `desire routes' which parallel the recorded alignment, and the middle section of the `official' route is also obstructed by buildings that have been in place for a considerable period. Officers do not believe that, in this case, there is any public benefit to be gained by enforcing the definitive alignment and this application therefore provides an opportunity to record and way mark a new route that is already in use by walkers.

5. The benefits to the public

It is felt that the proposed changes to the alignment of Pamber Footpath No.17 will benefit the public in the following respects:

5.1 The proposed route G-H-J-K-L-M-N-P will establish formal rights for the route currently used by members of the public and allow the Area Officer to ensure that it has been constructed to an acceptable standard and that the route will be clearly defined and recorded.

5.2 The new route will be cleared of vegetation and routed around the existing buildings so that it can be clearly waymarked for users.

5.3 Access and public safety will be improved by removing the existing stiles at Points G and H and replacing them with kissing gates of an approved design.

5.4 The surfacing of the footbridge between Points K and L will be improved to incorporate a non-slip mesh to an approved specification.

6. Summary of Consultation

The proposal was sent out for formal consultation on 17^th October 2006 to the following representative groups, with the request that any comments should be submitted to the County within a period of six weeks:

6.1 Local Member - Councillor Keith Chapman
Councillor Chapman has confirmed that he has no objection to this proposal.

6.2 Basingtoke & Deane Borough Council
Basingstoke & Dean Borough Council has confirmed that they have no objection to this proposal.

6.3 Pamber Parish Council
Pamber Parish Council has confirmed that they have no objection to this proposal.

6.4 Rights of Way Area Officer
The Rights of Way Area Officer for North West 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 would have no objection in principle to the diversion contained in this proposal, but they would have preferred a realignment that was closer to the definitive route. Officers considered the suggestions made by the local representative of the Ramblers' Association, but felt that the proposal under consideration offered a number of advantages for both walkers and local residents.

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 elimination of the dogleg between Points J and K.

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 confirmed that they have no objection to 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 Pamber Footpath No.17 is in the interests of the public,
as the route currently used by walkers is not that shown on the Definitive Map. Once the footpath has been diverted to avoid a number of long term obstructions, it will provide a clear, well marked, route that can be effectively way-marked by the Rights of Way team.

9.2 The proposed diversion will not be substantially less convenient than the existing route, as there will be no increase in the overall length of footpath.

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 improved access for those with restricted mobility.

9.4 The Area Officer for North West 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

10.1 It is recommended that an Order be made for the diversion of Footpath No.17 in the Parish of Pamber from the current definitive alignment to a new route running from Point G on the attached plan along the western side of the fenceline, through Point H,
to Point J. It then turns north east, for approximately 12 metres, before continuing in a north westerly direction to enter Kinghern Copse. At Point N, the footpath emerges from the woods into a cultivated field and takes a direct line west north west to rejoin the current definitive alignment of Pamber Footpath No.17 at Point P.

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/ Pamber Footpath No.17
Rights of Way Office, Mottisfont Court, Winchester