Hampshire County Council Item

Regulatory Committee

3 September 2008

Proposed dedication of a public footpath at Church Lane in Bursledon 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 County Council owns a triangular shaped piece of land at a junction of Hill Place and Church Lane in Bursledon. It was originally procured for highway improvements, but it is no longer needed for that purpose. It is currently grassed, open space and it has been suggested that the Council might dedicate a public footpath along the south-eastern boundary of the land to provide an extension of Footpath 1.

2. Recommendation:

2.1 That the County Council dedicates public footpath rights on a route as shown on the attached plan between points A and B. The width of the footpath to be 2.0 metres.

3. Landowner:

Hampshire County Council

4. Background:

4.1 In the 1950s the County Council acquired a parcel of land in Bursledon for a realignment of Church Lane. That alteration did not take place because an alternative route was constructed that by-passed Church Lane. The acquired land has remained dormant ever since and is used as grassed, open space. It has been suggested by a local resident that the County Council dedicates a right of way for walkers along one side of the land. This path is already in use by walkers as it provides a direct, off-road link between Footpath 1 and Jarvis Fields.

4.2 The proposed footpath would be two metres wide, set slightly away from the hedge line at the southern end to allow walkers to get around a telegraph pole. A hand-rail would be needed at the northern end to enable walkers to negotiate the slope more easily, with signposts or way marks at both ends. It is not the intention to provide an all-weather surface, but to leave it as a natural grass path.

5. Consultations:

5.1 Bursledon Parish Council

No comment

5.2 Eastleigh Borough Council

The Principal Development Engineer for the borough has e-mailed to say:

"... the land over which the proposed path runs was...acquired for highway purposes many years ago....the right angle bend in Church Lane would have been eased by a carriageway realignment over the triangle of land. However, the development of Hill Close houses in the 1960s resulted in a complete new road being built through the fields, bypassing the old section of Church Lane...Subsequently this area of grass has been maintained as highway land and is on the council's regular grass cutting programme...The use of the edge of the land as a short cut walking route is a convenient alternative to walking on Church Lane where there are no footways. Retention of a grass path, rather than forming a more urban made-up path, would accord with the local planning policies and there is no objection to the formal registering of a public right of way on foot over the land."

5.3 Local Member - Councillor K House

"I fully support this additional path with the measures proposed."

5.4 Ramblers Association

The Eastleigh Group Secretary has written to say that:

"We welcome the proposal and consider that it will be a useful addition to the definitive map and that it will be, as it is now, well used."

5.5 Adjoining landowner

No comment

5.6 Hampshire Highways

The Highways Manager for Eastleigh has written the following:

"I would confirm that there would be no local highway objections to the proposal and I note that Recreation & Heritage propose to accept the maintenance responsibility for the path and any works required to put it into good condition."

5.7 Property, Business & Regulatory Service

The County Estates Practice has responded as follows:

"...under the current land designation and associated policies it would be extremely difficult to develop the land at the current time. Government policies are slowly changing in this respect so it would be prudent to insist on the proposed footpath to be placed around the edge of the site and not diagonally across the site. This would protect the position of providing any residential development on this site in the future (albeit quite unlikely). Because the likelihood of developing this site is so low, the sites value as amenity land would mean that Executive member approval should not be required. Therefore I have no objection to the path being routed along the edge of the site."

6. Conclusions:

6.1 The path is already being used by the public as a link between highways, avoiding use of roads, and this dedication will secure the route for future use. A dedication of a footpath would protect public rights for walkers and enable the county council to publicise its existence through depiction on the definitive map and, subsequently, Ordnance Survey maps. The route will require maintenance, but that should not be an onerous task given that it is part of an open space that is regularly mown. The public will derive benefit from the confirmation of these routes as a footpath.

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: Bursledon (Church Lane) Dedication - Rights of Way Office, Mottisfont Court, Winchester