Hampshire County Council

Regulatory Committee Item 13

14 February 2008

Proposed dedication of bridleway rights on part of Footpath 6 and on an unrecorded route in Kings Worthy Parish

Report of the Director of Recreation & Heritage

Contact: Colin Piper Ext. 6043 [email protected]

HIGHWAYS ACT 1980

25. Creation of footpath, bridleway or restricted byway by agreement

(1) A local authority may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath, bridleway or restricted byway over land in their area

An agreement under this section is referred to in this Act as a "public path creation agreement"

(2) For the purposes of this section "local authority" -

(a) in relation to land outside Greater London means a county council, a district council...

(3) Before entering into an agreement under this section a local authority shall consult any other local authority or authorities in whose area the land concerned is situated.

(4) An agreement under this section shall be on such terms as to payment or otherwise as may be specified in the agreement and may, if it is so agreed, provide for the dedication of the footpath, bridleway or restricted byway subject to limitations or conditions affecting the public right of way over it.

(5) Where a public path creation agreement has been made it shall be the duty of the local authority who are a party to it to take all necessary steps for securing that the footpath, bridleway or restricted byway is dedicated in accordance with it.

1. Summary:

1.1 The Director of Property, Business and Regulatory Services (PBRS) has proposed that the County Council dedicates bridleway rights on two routes over land in the Council's ownership at Kings Worthy. The County Council intends to sell off land in its ownership and it is thought desirable to first secure access for cyclists to the parish playing fields using Kings Worthy Footpath 6. The other, unrecorded route is nearby and the opportunity is being taken to process a dedication at the same time.

2. Recommendation:

2.1 That the County Council dedicates a 3 to 6 metre wide bridleway on part of the route of Kings Worthy Footpath 6, between points A-B-C, as shown in green on the attached plan.

2.2 That the County Council dedicates a 3 metre wide bridleway on route B-D as shown in green on the attached plan.

3. Landowner: (both routes) Leaseholder: (B-D)

Hampshire County Council Kings Worthy Parish Council

The Castle Community Centre

Winchester Fraser Road

Hampshire Kings Worthy

SO23 8UJ Winchester

Hampshire

SO23 7PJ

4. Background:

4.1 On 5th April 2007 the Executive Member for Policy and Resources gave approval for the disposal of a property in Kings Worthy known as Hinton House. This building is currently used as an annexe to the adjoining primary school. It is anticipated that it will shortly be sold for residential occupation together with the driveway which leads to Basingstoke Road. The driveway is already recorded as a public footpath, but PBRS would like to secure access rights for cyclists in advance of the property being put up for sale. It is understood that cyclists use this route to gain access to the parish playing fields to the north-east of Footpath 6 and officers would not wish to see this activity prohibited under new ownership of the drive.

4.2 The easiest and quickest way to achieve legal access for cyclists is for the County Council, as landowner, to dedicate bridleway rights before the property is sold. It is appreciated that in the short to medium term there is no obvious place for the bridleway to continue as Footpath 6 narrows to 1.5 metres wide between the boundaries of North Cottage and Hinton Cottage. However, in the long term it is possible that circumstances will change and that a through route can be established. In any event the bridleway would enable cyclists to gain access to the recreation ground.

4.3 The second route runs south-west from Hinton House Drive to Hinton Fields, on a gravel track across landscaped ground. This land is leased by the County Council to the Parish Council who manage it as public open space. The track is already used by the public on foot and with bicycles, and they might well have acquired a right of way through a common law dedication.

5. Description of paths (please see map at back of report)

5.1 Footpath 6 runs down a private vehicular access route known as Hinton House Drive. It consists of a three metre wide surfaced road between an avenue of trees. The County Council ownership extends from point A and runs south-eastwards to the Basingstoke Road - point C.

5.2 The route to the south B-D consist of a three metre wide gravel track that runs through open space leased to and managed by the Parish Council.

6. Consultations with other bodies:

6.1 Kings Worthy Parish Council

This matter was discussed by the members of the Recreation & Amenities Committee on 9th January and they agreed to give their full support to the proposal.

6.2 Winchester District Council

No objection

6.3 Councillor J Porter - local member

No comment

7. Financial implications

7.1 The proposed bridleways would run over a sealed road (A-B-C) and a gravel track (B-D). Both routes are in good condition for immediate use as bridleways and therefore there are no financial implications in the short term other than the provision of signposts. Both routes will require long-term maintenance but that should not be an onerous task. The public will derive a considerable benefit from the establishment of these routes as bridleways.

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: Kings Worthy Dedications - Rights of Way Office, Mottisfont Court, Winchester