Hampshire County Council ITEM 11

Regulatory Committee

17 October 2007

Application for a Public Path Diversion Order for part of

Footpath No. 3 in the Parish of Steventon

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.3 in the Parish of Steventon, as shown on the attached large scale plan.

1.2 It is proposed that the application for diversion of part of Steventon Footpath No.3
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 G Hazell, of Ashe Park, Steventon, Hampshire RG25 3AZ.

2.2 Mr Hazell is the freehold owner of the land over which section E-F-G of the diverted route will pass.

2.3 Mr J Scheckter is the freehold owner of the land over which section C-D of the diverted route will pass and has given his written permission for the diversion to take place.

2.4 Mr G Nurcombe, on behalf of Railtrack (Wessex Operations) has given approval for the closure of section B-C of Steventon Footpath No.3, where it crosses the railway curtilage.

2.5 Mr N Bown of Flintstone, Steventon, Hampshire RG25 3BH, is the freehold owner of the land over which section A-B of Steventon Footpath No.3 passes and has given his written permission for the closure of this section.

3. The existing routes and proposed diversions

3.1 Current Alignment

3.1.1 The section of Steventon Footpath No.3 affected by this proposal commences at
Point A (GR 454616 148152), at a wooden stile on the western verge of the C167 Ashe Park Lane and continues north west along the headland of a field to a second stile on the southern boundary of the railway curtilage at Point B (GR 454522 148248). It then ascends a steep set of steps to cross the electrified railway line at grade before descending a second set of steps to reach a second stile at Point C
(GR 454492 148270) on the northern boundary of the railway curtilage.

3.1.2 The length of the current route of Steventon Footpath No.3 between Points A and C is approximately 176 metres.

3.2 Proposed Alignment

3.2.1 The diverted route of this section of Steventon Footpath No.3 will commence at
Point C (GR 454492 148270) and continues in a generally south westerly direction along the headland of a large field to reach a junction with Steventon Footpath No.6 at Point D (GR 454114 148036).

3.2.2 The length of the proposed diversion between Points C and D will be approximately 446 metres.

3.2.3 The proposed footpath will have a width of 2.0 metres throughout its length.

3.2.4 In addition, a new footpath link will be dedicated from Point E (GR 454408 148378) on Steventon Footpath No.3, through Point F (GR 454562 148414), to reach the C167 Ashe Park Lane at Point G (GR454678 148418).

3.2.5 The length of this additional link E-F-G will be approximately 272 metres.

3.2.6 The additional link will have a width of 2.0 metres throughout its length.

3.2.7 The costs of processing the Diversion Order for section A-B-C and the Dedication Agreement for section E-F-G, plus any works necessary to bring the new footpaths up to a standard suitable for public use, will be met by the applicant.

4. Background to the application

4.1 Following a recent change in operating procedures implemented by Railtrack throughout UK, there has been a significant increase in the volume and frequency of warning horns which must be sounded by trains approaching the pedestrian level crossing at Steventon. The applicant asserts that a number of local residents would be willing to relinquish the southern section of Footpath No.3 in return for a significant reduction in noise pollution, and this view has been explored and ratified by the Parish Council in local debate.

4.2 There are also concerns over the safety of walkers, particularly if accompanied by animals or small children, whilst crossing the railway lines at grade on this route.

5. The benefits to the public

It is felt that the proposed changes to the alignment of Steventon Footpath No.3 will benefit the public in the following respects:

5.1 The existing route is restricted by three stiles and two steep sets of steps, which make access difficult for those with limited mobility. There will be no such requirement for barriers on the new alignment C-D, although there may be a requirement for kissing gates of approved design at Points D and G.

5.2 Immediately south of Point D there is a tunnel beneath the railway that already carries Steventon Footpath No.6 and which will allow pedestrians to continue to the south in safety without having to cross the line at grade.

5.3 The closure of the level crossing section A-B-C may result in an increase in use of the road tunnel between Points Y and Z by local residents seeking to access the public rights of way to the north of the railway line, although it is anticipated that most `long distance' walkers will continue via the new link E-F-G to the east. Although HCC Transport Engineers have expressed some reservations concerning the desirability of an increase in the volume of pedestrians traversing the tunnel, it is considered that this route is preferable to the existing route via the level crossing for the following reasons:

5.3.1 Although there is no pavement within the road tunnel, there is equally insufficient space for vehicles to pass each other within it, meaning that any pedestrians that are caught whilst traversing the tunnel will have sufficient space to shelter from and avoid oncoming vehicles, which will be travelling relatively slowly.

5.3.2 There is lighting down one side of the tunnel.

5.3.3 There are already notices in place at the entry to the tunnel warning vehicles of the possibility of encountering pedestrians within it.

5.4 The new alignment C-D, together with the additional link E-F-G, will open up a new east-west route between Footpath Nos. 6 and 2 which was not previously possible without a significant detour to the south of the railway line.

6. Summary of Consultation

The proposal was sent out for formal consultation on 31^st July 2007 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 Anna McNair Scott
Councillor McNair Scott has confirmed that the proposal has her support.

6.2 Basingstoke & Deane Borough Council
Basingstoke & Deane Borough Council has not commented on this proposal.

6.3 Steventon Parish Council
Steventon Parish Council has voted to support the proposal and "the general feeling in the village, with one or two exceptions, has been in favour of the scheme".

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
The Tithe Map of 1840 was consulted, but there is no evidence of the existence of any path or other route on this particular alignment at that time.

6.8 The Ramblers' Association
The Ramblers' Association has confirmed that they are "generally in agreement with these proposals", although they have made several suggestions (specification of gates, detailing of the route) that they would like to see implemented. Where possible, these suggestions will be implemented in the final proposal.

6.9 The Open Spaces Society
The Open Spaces Society has confirmed that they have no objection to this proposal.

6.10 Land Access & Recreation Association (LARA)
LARA has not commented on 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 Steventon Footpath No.3 is in the interests of the public, as it will provide a clear, well marked route for walkers with the minimum of impediments to those with limited mobility.

9.2 The proposed diversion will not be substantially less convenient than the existing route, despite the fact that the diverted section C-D (446 metres) is significantly longer than the equivalent section of the current route A-B-C (176 metres). Together with the additional link E-F-G (272 metres), however, the new alignment provides a more convenient and direct route for those taking an east-west route north of the railway line.

9.3 The proposed diversion will not affect the enjoyment of the path as a whole,
as it will remove a number of difficult barriers for those with limited mobility and significantly increase the safety of those walking in the vicinity of Steventon.

9.4 The Rights of Way Area Officer for North West Hampshire will complete a Schedule of Works detailing any changes that may be required on the diverted route to bring it up to a standard suitable for use by the public.

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 section A-B-C of Footpath No.3 in the Parish of Steventon from the current definitive alignment to a new route running between Points C and D on the attached plan, such to be conditional upon the dedication of an additional link referred to at Paragraph 10.2.

10.2 It is further recommended that Members accept the dedication of an additional route
E-F-G, the Dedication Agreement to be completed by the County Council immediately prior to confirmation of the Order for diversion of section A-B-C.

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/ Steventon Footpath No.3
Rights of Way Office, Mottisfont Court, Winchester