Contact: Sylvia Seeliger, Ext. 6349 [email protected]

Extract from the Highways Act 1980

Section 25(1) - Creation of a Footpath or Bridleway by Agreement

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 or bridleway over land in their area...

1 Summary

A report was taken to the Regulatory Committee meeting on 14^th February, 2008, at which meeting the Committee resolved to make a Map Modification Order to record a footpath between Marine Parade East and High Street Access Road, Lee-on-the-Solent, at a width of 2 metres. This path runs through the former car park of the now demolished Belle Vue Hotel. However, the new landowner of this site, which has been redeveloped, has offered to dedicate an alternative route on the edge of their property, as part of a package that would include the extinguishment of any footpath rights on the Map Modification Order route, which passes through the car park of the residential development on the site.

2 Recommendation

That Members give consent to the acceptance of the deed of dedication for a public footpath 2 metres wide at the edge of the property belonging to McCarthy and Stone, shown on Plan 1 between points C and D, and the extinguishment of any public footpath rights on the route shown on Plan 2 between points A and B, the two events being conditional upon each other.

3 Description of the proposed new footpath

The path is shown on Plan 1 as C-D. It runs from Marine Parade East, Lee-on-the-Solent, along the north west boundary of a property belonging to McCarthy and Stone (Developments) Limited, to the U561, Marine Parade/High Street Access Road. It will 2.1 metres wide, and will have a standard asphalt surface, with a wall between it and the adjoining property (No. 37 Marine Parade East), and an open railing fence between the path and the adjoining residential development's car park. There is one additional street light.

4 Description of the route to be extinguished

The path to be extinguished is shown on Plan 2 as A - B. It runs over an area that was formerly the car park of the Belle Vue Hotel, Lee-on-the-Solent, in the gap between the two rows of parked cars, at a width of 2 metres. This path is now within the access drive and car park of the residential development.

5 Consultation

5.1 Letter of consultation have been sent to the Local Member, Councillor M. Snaith, Gosport Borough Council, The Ramblers' Association and the Rights of Way Area Officer (South).

6 Consultations on design and materials for the dedicated footpath

6.1 At the meeting on 14^th February 2008, Members expressed concern about the design of the new dedicated footpath, and the materials to be used, in order to minimise any anti-social behaviour by the public using the path. The Minutes of the meeting resolved that there be `proper consultations...carried out with highways department of the County Council and Gosport Borough Council to encompass "safety by design" as regards the safe usage of the footpath'.

6.2 The Highway Engineer overseeing the work required to make the dedicated footpath has confirmed the involvement of Gosport Borough Council in this matter, and Gosport's recommendation is that an asphalt surface be used, with street lighting. An open work railing fence between the path and the new residential development is to be used to allow visibility, and prevent the path from feeling closed in. The intention is that no close boarded fence should be erected within 2 metres of this railing to preserve this open aspect.

7 The Extinguishment of the Map Modification Order path

This matter will be the subject of a separate report, to be presented by the Network Development Officer on behalf of the Director of Recreation and Heritage after proper consultation.

8 The proposed sequence of events

8.1 The dedication of the public footpath will be conditional the confirmation by the County Council or the Secretary of State of an Order made under Section 118 of the Highways Act 1980 to extinguish the route on plan 2.

8.2 The date of dedication will be on the date that the Extinguishment Order is upheld and cannot be subject to further challenge or proceedings.

8.3 On the Dedication Date, the County Council with accept the dedication of the new footpath, and undertake to maintain the highway from that date.

8.4 The Dedication Deed shall be entered in the Register of Local Land Charges.

9 Financial Implications

Some of the necessary works to the surface of the new path have already been carried out and paid for by the owners of the land, McCarthy and Stone. Provision and maintenance of the boundaries will be the responsibility of the adjoining landowners. The future costs of maintenance to the asphalt surface of the footpath will be minimal, and the maintenance of the street light and the surface will be the responsibility of Hampshire Highways.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or maters 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 the report. NB The list excludes: (1) Published works; (2) Documents which disclose exempt or confidential information as defined in the Act.

File: Application to record a footpath between Marine Parade East and High Street Access Road, Lee-on-the-Solent, ref. 764, Rights of Way Office, Mottisfont Court, Winchester