Contact: Elizabeth Ellam, Ext 7371 [email protected]

Colin Piper, Ext 6043 [email protected]

1 Summary

1.2 The Executive Member for Policy & Resources is asked to give authority for the purchase of land alongside the A32 that will provide the necessary sight lines for a pedestrian/equestrian crossing of the road and to allow for realignment of Peake New Road using compulsory purchase orders if the land cannot be acquired by agreement. The road crossing will be part of the South Downs Way National Bridleway Trail that runs from Winchester to Eastbourne.

2 Recommendations

2.1 That, subject to confirmation by Natural England that they will fully reimburse the County Council's costs in connection with this matter, the Director of Property, Business and Regulatory Services (Head of Estates) be authorised to acquire the land and settle the terms for the same, but in the event that the land cannot be acquired by agreement within eight weeks, that authority be given for the making of compulsory purchase orders under the Highways Act 1980 and the Local Government Act 1972 for a) the acquisition of land to provide sight lines and b)to allow for realignment of Peake New Road, the land in question being shown coloured pink on the indicative map attached (Drawing No. 17/A32/52/143).

3 Background

3.1 For the last 40 years the County Council has acted as agents for Natural
England (previously the Countryside Commission/Agency) in establishing the
extension to the South Downs National Trail from the Sussex border to
Winchester. This work has resulted in the creation of a long distance
bridleway, by agreement, except for a missing link across the Meon Valley.
Despite years of discussions and negotiations it has not been possible to
identify a route, that satisfies all interests, between Beacon Hill in the west and
the A32 road in the east.

3.2 In the absence of a negotiated solution it was therefore necessary for the
County Council to use its powers to make compulsory Orders to create a
public bridleway to provide the link. In 2001 the County Council made Public
Path Creation Orders to establish two bridleways and two footpaths between
Beacon Hill and the A32. The purpose in making multiple Orders was to
allow a full public debate regarding all the viable routes put forward for
consideration. The making of the Orders attracted 28 objections and as a
result a public inquiry was held over 12 days in February/March 2004, heard
by an Inspector appointed by the Secretary of State.

3.3 In his decision letter of 5^th August 2004 the Inspector confirmed one
bridleway and one footpath but he slightly modified the Order routes, as
requested by the County Council. Because the Orders had been modified they had to be re-advertised and this attracted one statutory objection and representations from a third party, who had previously objected to the Creation Orders. Both cited the safety of the crossing of the A32. Another public inquiry was held over 6 days in May/June 2006 to hear this outstanding objection and representations. At that Inquiry the County Council gave evidence as to what provision was proposed for improvements to the locality to facilitate the crossing of the A32.

3.4 The Inspector issued an interim decision letter on 12 October 2006 in which he concluded that two of the footpath and bridleway Creation Orders should be confirmed subject to minor modifications relating to their descriptions and widths. The modifications in respect of one of the Orders affected land outside of the original Order therefore the Inspector had to give notice of his proposals to give an opportunity for objections and representations to the modifications. As a result of the advertisement of this notice the Planning Inspectorate received two representations. One was a letter from a horse rider relating to the County Council's refusal to extend the 40mph speed limit on the A32 to include the proposed crossing and the other was from solicitors acting for the principal objector to the South Downs Way drawing the Inspector's attention to problems with the procedure for putting in place the bridleway in conjunction with the road crossing. The County Council has been asked by the Planning Inspectorate to comment on these representations which it has done. A response from the Planning Inspectorate is awaited. On 18 April 2007 the County Council received a letter from the Planning Inspectorate in which they made the following request:

"The Inspector wishes to know what progress has been made by the County Council to put in place the safety measures at the Peake New Road crossing...The Inspector considers that he cannot proceed to further consideration of his proposed modifications to the Order until at the very least, substantial progress towards implementing safety measures has been made."

It is intended to send this Report and the Executive Member for Policy and Resources decision to the Planning Inspectorate.

4 Proposals

4.1 The Engineering Consultancy division of Hampshire County Council Environment Department has been commissioned to carry out a detailed survey of the proposed road crossing and to produce a draft design showing the work need to establish a safe crossing for pedestrians, equestrians and cyclists. One of the main factors in designing a safe crossing is the provision of adequate sight lines for users to see the approaching traffic. Adequate sight lines will also enhance the forward vision of users of the A32 as they approach the proposed road crossing. For a road with a national speed limit of 60 mph, which this section of the A32 has, the Department for Transport's (`DfT') recommended visibility is 345 metres in all directions. This sight line can be achieved in one out of the four directions with a minimum of work, but for the other three directions vegetation and boundary features obscure the views.

4.2 The Engineering Consultancy has identified three areas of land that would have to be incorporated within the highway verge to enable the County Council to carry out the necessary works to establish the required sight lines. Existing fences and hedges will have to be set back to establish new boundaries between the highway and the adjoining land. User activated, flashing warning signs (for which DfT authorisation is required) will facilitate the crossing of the road and a holding area will be provided on the west side of the road to enable users to wait in safety. The DfT has indicated that, in principle, authorisation would be forthcoming.

4.3 Part of the overall crossing design scheme involves the provision of on `off road' area for horse riders approaching the A32 along Peake New Road which will include realignment of the Peake New Road at its junction with the A32. Whilst part of this highway is maintainable by the County Council, part is not, and it is necessary to acquire the freehold of this land to enable the County Council to carry out the necessary realignment works. With ownership of the freehold it will then be possible to carry out the necessary works by virtue of rights as owners.

5 Description of land (please refer to the indicative map attached to this report which is attached for information only, being a reduced version of the original A2 plan which is at a scale of 1:500. The A2 plan will be displayed at the meeting).

5.1 One part of the land needed for sight lines is on the east side of the A32, immediately north of Peake New Road, and forms part of the Warnford Park Estate. The required land (`Parcel A') consists of a very thin strip adjoining the highway verge with an approximate length of up to 180 metres and an approximate width of up to two metres. The purchase of this land would improve visibility to the north for users crossing the road from east to west. The existing Estate boundary consists of a dilapidated iron railing fence that will need to be replaced on a new alignment set back from the road. Some overhanging branches and surface vegetation will also need to be removed. There are several trees which may potentially be affected by this land take and require felling. Officers will not be able to confirm this until after the land has been purchased and any overhanging branches and surface vegetation cleared. It is the intention of officers to avoid felling any trees if at all possible, but circumstances on the land may dictate otherwise.

5.2 Another portion of land is on the west side of the A32 at the mouth of and immediately south of a private track called Beaconhill Lane. This land is part of Manor Farm, Exton. The required land (`Parcels D, E and F') consists of the mouth of Beaconhill Lane (Parcel D) and a strip adjoining the highway verge with an approximate length of up to 250 metres and an approximate width of up to 9.5 metres (Parcels E and F). The purchase of this land would improve visibility to the south for users crossing the road from west to east. The existing field boundary consists of a hedge that will have to be replaced with a similar feature set back from the road.

5.3 A third area of land forms part of the Winnell Farm Estate. Part of the required land (Parcel B) consists of a thin strip adjoining the highway verge, on the west side of the A32, with an approximate length of up to 205 metres and an approximate width of up to two metres. The purchase of this land will improve visibility to the north for users crossing the road from west to east. Another plot of land (Parcel C), in the same ownership, is needed for improved visibility in the immediate vicinity of the crossing and some trees will have to be felled in this area. It is anticipated that the owner of these parcels, which is also the principal opponent of the Bridleway Creation Orders, will not agree to sell its land and that it will oppose any compulsory purchase orders.

5.4 An additional area of land (Parcel G) at the end of Peake New Road, is owned by Trustees and is required for alterations to the road layout to facilitate the installation of the road crossing. Whilst these persons are not opposed to the County Council's intentions and it is thought likely that they will agree to sell the land, negotiations to purchase this land are at an early stage. If agreement is not forthcoming then it would be necessary for the County Council to fall back on its compulsory powers.

5.5 It is hoped that Parcels A, D, E, and F can be acquired without objection, but in the event that this is unsuccessful, then the County Council would wish to exercise its powers to acquire the land by means of compulsory purchase orders.

6 Legal framework

6.1 The County Council has a duty under section 71 of the Highways Act 1980 (`the Act') to provide in or by the side of a publicly maintainable highway which consists of or comprises a made-up carriageway adequate grass or other margins as part of the highway in any case where they consider the provision of margins necessary for the safety or accommodation of ridden horses and under section 72 of the Act they have the power to widen any highway for which they are the highway authority. There is no specific section relating to the provision of adequate sight lines but the terms of these sections are suitably broad to encompass the provision of sight lines. Under section 239 of the Act there is a power to acquire land either by compulsion or by agreement under these sections.

6.2 With regard to the acquisition of Parcel G, the land required for the alteration of the surface layout of Peake New Road. The mixed status of the land being partly publicly maintainable highway, partly non-publicly maintainable highway, and partly non-highway produces the result that a combination of land acquisition powers may be required to be used, under both the Highways Act 1980 as above and also under sections 111, 120 and 121 Local Government Act 1972, section 120(1)(a) providing that for the purpose of any of their functions under the Local Government Act 1972 or any other enactment, a principal council may acquire land by agreement and under section 121 by compulsion.

Section 120(1)(b) provides for the acquisition of land by agreement only for the purpose of benefit, improvement or development of their area.

6.3 It is for the County Council as the acquiring authority to justify its proposals for the compulsory purchase of land. A compulsory purchase order should only be made if there is a compelling case in the public interest. Any decision should take into account the human rights of those with an interest in the land affected. The County Council must be able to demonstrate that the land affected is required in order to fulfil the reason behind its acquisition. Information should be provided about resource implications and that adequate funding to complete the purchase is available. The County Council will additionally have to show that there is a reasonable prospect of the scheme going ahead. Circular 06/2004 issued by the ODPM on 31 October 2004 refers.

6.4 The proposal can be justified. The land is required to secure the sight lines and to provide the `off road' area at the end of Peake New Road to ensure a safe crossing of the A32 at this location and so secure the final link in the South Downs Way, a National Trail.

6.5 The proposal is in the public interest. The South Downs Way is a National Trail and is used by many visitors each year. The proposal would provide a safe crossing of the A32, linking east and west. The land take is nominal, on the boundaries of several ownerships where they adjoin existing public highway. The Inspector has found the creation to be in the public interest in two interim Order Decisions after two public inquiries.

6.6 The land is required to satisfy the need for a safe crossing at this point and so complete the last section of the South Downs Way.

6.7 There is a reasonable prospect of the scheme going ahead. The Inspector has indicated in the last interim Order Decision that he is minded to confirm the Order, subject to a minor modification. If the land for the sight lines and other works is acquired there will be no impediment to confirmation of the Creation Order. It should be noted however that the principal objector to the original order has expressed its dissatisfaction with the Inspector's Interim Order Decisions and indicated that it will challenge any confirmed Creation Order in the High Court. Hampshire County Council is advised that the Interim Order Decisions and public inquiries have been lawful and proper and that there are no grounds for challenge.

6.8 The financial implications are covered in an exempt Appendix.

7 Consultation with local member

7.1 Councillor Hindson has been kept informed with progress in this matter.

8 Human Rights

8.1 Several of these rights may be relevant.

8.2 Right to life (Article 2) - it is not considered that there are any implications arising from the scheme that would impact on anyone's health and therefore right to life.

8.3 Entitlement to a fair and public hearing in the determination of a person's civil rights (Article 6) - this includes property rights and can include opportunities to be heard in the consultation period. In connection with compulsory purchase orders there is a statutory procedure to follow along with the right to object and the entitlement to a hearing or inquiry. A decision to confirm a compulsory purchase order is reviewable by the High Court under the statutory procedure.

8.4 Right to respect for private and family life (Article 8) - such rights may be restricted if the infringement has a legitimate aim and is fair and proportionate in the public interest. The proposal here is in accordance with the law and in pursuit of a legitimate aim and is proportionate, having regard to the public interest test set out above.

8.5 Peaceful enjoyment of possessions (including property) (Article 1, First Protocol) - interference is justified if done in accordance with law and in the public interest. The scheme will strike a fair balance between users of the South Downs Way (safe road crossing) and those with private rights (minimum take of land sought).

Section 100D - 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 has been relied upon to a material extent in the preparation of this Report.

NB: the list excludes (1). Published works and (2) Documents which disclose exempt or confidential information as defined in the Act.

File: South Downs Way - Rights of Way Office, Mottisfont Court, Winchester