Hampshire County Council Item

Regulatory Committee

3 September 2008

Proposed dedication of a public footpath at School Road 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 Bursledon Parish Council has offered to dedicate a very short section of used path as a public right of way. The offer is recommended for acceptance.

2. Recommendation:

2.1 That the County Council enters into an agreement with Bursledon Parish Council for the dedication of public footpath rights over the route A-B as shown on the attached plan. The width of the footpath to be 1.3 metres.

3. Landowner:

Bursledon Parish Council

The Village Hall

Long Lane

Bursledon

Hampshire

SO31 8BZ

4. Background:

4.1 Bursledon Footpath 501 runs parallel to Church Lane and connects, at its southern end, with School Road by taking two sharp turns through a car park. There is another, shorter, route only 17 metres long, used by the public to access School Road that is way marked as part of the Strawberry Trail. It is likely that the public has already acquired a right of way over this route and the Parish Council has now agreed to dedicate public footpath rights.

5. Consultations:

5.1 Eastleigh Borough Council

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

"The Borough Council certainly supports this proposed dedication. The path forms part of the way marked Strawberry Trail walking route. The dedication accords with the policy intentions of `Seek to establish access to certain categories of open land and to improve the public rights of way network."

6. Conclusions:

6.1 The path serves a useful public purpose in allowing the public to make a more direct connection between Footpath 501 and School Road. The path is already well used and way marked as part of an advertised trail. The path is in good condition and the future maintenance implications are minimal.

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 (School Road) Dedication - Rights of Way Office, Mottisfont Court, Winchester