Archived decisions

Contact: Liz Ellam, ext 7371 email: [email protected]

Colin Piper, ext 6043 email: [email protected]

1. Summary

1.1 The Executive Member for Environment is asked to resolve to adopt a proposal for improving the amenity of an area of land at Peake New Road, Warnford which would involve persons ceasing to have any rights of way with vehicles over part of the highway.

1.2 The proposal involves works which are connected with the Bridleway/ Footpath Creation Orders made by the County Council in 2001 which, if confirmed by the Secretary of State, would provide the missing link in the South Downs Way, a National Trail. The works provide for a safe crossing of the A32 where it is crossed by the South Downs Way.

2. Recommendation

2.1 That, subject to confirmation by Natural England that it will fully reimburse the County Council's costs in this matter, there be:

a resolution under section 249 of the Town and Country Planning Act 1990 to adopt the proposal for improving the amenity of land at Peake New Road, Warnford which would involve persons ceasing to have any right of way with vehicles over that part of the highway shown coloured blue and reference `A' on drawing number 17/A32/52/146 Revision A, and an application made to the Secretary of State for an order extinguishing the right of any person to use vehicles on that part of the highway.

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 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 six 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 40 miles per hour (mph) speed limit on the A32 to include the proposed crossing. 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 Environment 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 needed 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. A report to the Executive Member for Policy and Resources on 18 July 2007 sought authorisation to acquire such of the land as is outside the existing highway.

4.3 Part of the overall crossing design scheme involves the provision of an `off road' area for horse riders approaching the A32 along Peake New Road which will include realignment of Peake New Road at its junction with the A32. Whilst part of Peake New Road 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. Authorisation from the Executive Member for Policy and Resources is also being sought to acquire this land.

5. Legal Framework

5.1 As stated in paragraph 4.3 realignment of Peake New Road involves the provision of an `off road' area to be used as a refuge by horse riders and by cyclists and walkers. Under section 249 of the Town and Country Planning Act 1990 where the County Council as a local planning authority resolve to adopt a proposal for improving the amenity of part of their area and this proposal involves persons ceasing to have any right to use vehicles on that part of the highway, they may then apply to the Secretary of State for an order extinguishing any right which persons may have to use vehicles on that part of the highway.

5.2 It is considered in the context of the aspiration to put in place the missing link of the South Downs Way the proposals by the County Council for the creation of the `off road' area and the realignment of Peake New Road meet the criteria under section 249. The works as shown, in principle, on attached Plan 17/A32/52/140 Revision C will result in the amenity of this part of Hampshire being improved and the proposals do involve persons ceasing to have any right of way with vehicles over this `off road' area.

5.3 In paragraph 4.2 the requirement for additional land to be acquired to create adequate sight lines was referred to and it is considered that any physical works which are necessary to create those sight lines can be carried out without the need for a specific planning permission as they would constitute permitted development under the Town and Country Planning (General Permitted Development) Order 1995 (Schedule 2 Part 13 A(b)). The physical works to create the `off road' area would either not constitute development under section 55(2)(b) of the Town and Country Planning Act 1990 being works of improvement carried out within the boundaries of an existing publicly maintainable highway, or they would constitute permitted development. The works of realignment to be carried out on what is highway, which is not maintainable at the public expense (and which it is sought to acquire the freehold title to), would also come within the ambit of permitted development.

6. Consultation with Local Member

6.1 Councillor Felicity Hindson has been kept informed with progress on this matter.

7. Conclusion

7.1 It is necessary for there to be a resolution adopting a proposal under section 249 of the Town and Country Planning Act 1990 for improving the amenity of part of Peake New Road; this involves extinguishing the right of persons to use vehicles on the proposed `off road' area. Consequent upon such a resolution, an application must be made to the Secretary of State for an order extinguishing the right of persons to use vehicles on this part of Peake New Road and that decision is accordingly sought.

9402Rpt/LE