Hampshire County Council

Regulatory Committee Item 12

14 February 2008

Application for a Public Path Extinguishment Order for

Footpath No.25 and the dedication of a new footpath to link
Footpath Nos.24 and 26, both in the Parish of St Mary Bourne

Report of the Director of Recreation and Heritage

Contact: Andrew Jones: Ext 6891 E-mail: [email protected]

Orders for the Extinguishment of Footpaths and Bridleways may be made under Section 118 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the grounds that:-

"the path or way is not needed for public use"

Members must be satisfied that it is expedient to extinguish the right of way, having regard to the extent (if any) to which it appears to them that the path or way would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path or way.

1. Summary

1.1 Hampshire County Council has received an application to extinguish Footpath No.25 in the Parish of St Mary Bourne, as shown on the attached plan.

1.2 It is proposed that the application for extinguishment of St Mary Bourne Footpath No.25 be approved under Section 118 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the ground that the footpath is no longer needed for public use.

2. Parties to the Application

2.1 The application has been made by Mr Steven Swatton of Black Barn, St Mary Bourne, Andover, Hants SP11 6EF.

2.2 Mr Swatton is the freehold owner of all land crossed by that section of St Mary Bourne Footpath No.25 proposed to be extinguished and, in addition, the land crossed by the new footpath which is proposed to be dedicated by the applicant before the Order for Extinguishment is confirmed.

3. The existing route

3.1 The section of St Mary Bourne Footpath No.25 to be extinguished commences on the southern verge of the B3048 Stoke Lane at Point A (GR 441284 150930) and proceeds in a generally southerly direction for approximately 35 metres to
a stone stile beside a field gate at Point B (GR 441270 150898). It then turns to the south east and proceeds between a hedge and a barn for a further 115 metres to a second stile immediately west of the junction with St Mary Bourne Footpath No.24 at Point C (GR 441364 150836).

4. The reasons for the application

4.1 The applicant asserts that this section of St Mary Bourne Footpath No.25 is not widely used by members of the public, most of whom head west from Point C along the Test Way, and that it is no longer required for use as there is a more
direct alternative route between Point C and Stoke Lane along St Mary Bourne Footpath No.24, via Points D (GR 441372 150836), E (GR 441364 150842) and
F (GR 441394 150896).

4.2 Stoke Lane itself has no footways and is not a desirable route for pedestrians, particularly along the fast, bendy section west of Point A. There are no public rights of way immediately north of the road which would provide an onward link from this section of Footpath No.25 and the River Bourne is, in effect, a barrier to connection with routes further to the north east.

4.3 It is difficult for Officers to gauge the extent to which the path between Points A,
B and C is used or needed for public use, other than through a site inspection and by local consultation. To this end, letters were sent to the six households in the vicinity of Point A, but this has only elicited one verbal objection to the proposal. This muted response led Officers to believe that there may be some justification for the applicant's claim that the path is not greatly used.

In order to test this belief further, Officers placed a short article and illustrative plan in the January 2008 Edition of the Parish Magazine - Hill & Valley - requesting the views of local residents.

The October 2007 edition of Hill & Valley contained brief reference
to a proposal for the extinguishment of a short section of St Mary Bourne Footpath 25. It was noted that the Parish Council had agreed to support the proposal, provided that certain conditions are met. Several local walkers have since sought clarification of the extent of the changes and the location of the new link that will be added to the footpath network. The attached plan may help to clarify the eventual outcome of the proposal and HCC Rights of Way Office would be interested to hear your views.

Please e-mail [email protected] or telephone 01962 846891.

4.4 No written or verbal responses have been received to this notice, either for or against the proposal, although the Editor, Michael Widen, has commented that "most people I speak to think the diversion is a good idea". The use of the term `diversion' in this context is not technically correct, but that may be how it is viewed amongst the local community.

4.5 If section A-B-C of Footpath No.25 is extinguished, the applicant would be willing to open up a new access point at C that would provide direct access to section E-F of Footpath No.24 without the requirement to include a dogleg through Point D.

4.6 In addition, the applicant would be willing to dedicate and fund the creation of a new footpath link between Points K (GR 441174 150804) and L (GR 441326 150686), which would come into effect immediately prior to the Extinguishment Order being confirmed. This will link the Test Way at Point K with access to St Mary Bourne BOAT No.49 via a short section of Footpath No.26 south of Point L. It does not serve as a substitute for the route proposed to be extinguished, but it would be an additional and useful link in the rights of way network.

5. Summary of Consultation

The proposal was sent out for formal consultation on 22^nd August 2007 to the following representative groups:

5.1 Local Member - Cllr John Maxwell
Councillor Maxwell has been consulted on this proposal.

5.2 Basingstoke & Deane Borough Council
B&DBC has no objection to the proposal and concurs with the recommendation that the applicant funds the creation of the new link between Points K and L.

5.3 St Mary Bourne Parish Council
St Mary Bourne Parish Council fully supports the proposal, provided that the applicant funds the new link between Points K and L and replaces all stiles with gates (or gaps) on footpaths which cross the property.

5.4 Rights of Way Area Officer - North West
The proposal has the support of the Rights of Way Area Officer.

5.5 HCC - Highways Management
Highways Management has no objection to the proposal.

5.6 HCC - Environment Department
The Environment Department has no comment on the proposal.

5.7 Hampshire County Archivist
The Archivist did not find evidence of any higher rights shown on historic maps.

5.8 The Ramblers' Association
The Ramblers' Association is in agreement with the proposal, provided that the dedication of the new link takes place and that kissing gates replace stiles at a number of specified locations. The applicant has agreed to undertake this work.

5.9 The Open Spaces Society
The Open Spaces Society has indicated that it will "take a neutral stance" (neither for nor against the proposal), as they are generally opposed to the principle of extinguishing any existing footpath unless it can be shown absolutely that the route is not needed by any of the local residents.

5.10 Land Access & Recreation Association (LARA)
LARA has not made any comment on the proposal, as their local correspondent is not familiar with the route.

5.11 National Farmers Union
No response to consultation.

5.12 Cyclists Touring Club
No response to consultation.

6. Comments on Consultation Replies

6.1 Comments received from user groups as a result of the consultation exercise have in general been either neutral or in favour of the proposal, provide that certain requirements are met by the applicant.

6.2 Local residents living to the west of Point A were also canvassed for their views. One individual has made a verbal objection to the proposal on the grounds that she does still wish to use this route. By extinguishing the section of Footpath No.25 under discussion, this resident would have to traverse a longer section of the B3048 than she currently does, but Officers consider that this is not a sufficiently persuasive argument to negate the advantages of proceeding with the package of measures proposed.

7. Criteria for Assessment of the Proposal

7.1 There is only one relevant criterion against which the proposal for extinguishment of a public right of way must be considered - is the path or way no longer needed for public use?

7.2 Members must be satisfied that it is expedient to extinguish the right of way, having regard to the extent (if any) to which it appears to them that the path or way would, apart from the order, be likely to be used by the public, and having regard to the effect that the extinguishment of the right of way would have as respects land served by the path or way.

8. Conclusion

8.1 Officers are of the opinion that the proposal for the extinguishment of a section of
St Mary Bourne Footpath No.25 satisfies the criteria required by section 118 of the Highways Act and that it is expedient for the Council to make an order in that:

8.1.1 St Mary Bourne Footpath No.25 is no longer needed for public use, as a section of St Mary Bourne Footpath No.24 provides an alternative route with more direct access to the public highway.

8.1.2 The extinguishment of this footpath will not deprive the public of the means of access to points of interest along the length of the path.

9. Recommendation

9.1 It is recommended that an Order be made under Section 118 of the Highways Act 1980 for the extinguishment of a section of Footpath No.25 in the Parish of St Mary Bourne (A-B-C on the attached plan), on the grounds that it is no longer needed for public use.

9.2 It is further recommended that a Dedication Agreement be drawn up for the creation of a new footpath link between Points K and L and executed by the applicant before the Extinguishment Order is confirmed by the County Council.

9.3 It is further recommended that the Order for the extinguishment of a section of Footpath No.25 should not be confirmed by the County Council until the Dedication Agreement for the new footpath between Points K and L has been executed by the applicant.

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/EXT/St Mary Bourne Footpath No.25
Rights of Way Office, Mottisfont Court, Winchester