Archived decisions

Decision Maker:

Hampshire County Council Regulatory Committee A

Date of Decision:

14^th January 2009

Decision Title:

Application for a Public Path Extinguishment Order for
part of Footpath No.38 in the Parish of Binsted

Decision Reference:

Report From:

Director of Recreation and Heritage

Contact name:

Andrew Jones

Tel:

01962 846891

Email:

[email protected]

EXECUTIVE SUMMARY

1) Summary of Decision Area:

1.1. The definitive alignment of Binsted Footpath No.38 commences at the eastern end of the U229 Station Road. The highway forms part of the public right of way which then follows the boundary of a private residence before crossing the main railway line and continuing to the south.

1.2. An application has been received from the owner of this property, Forest Halt, for the extinguishment of that section of Footpath No.38 that passes through his property.

1.3. Members are requested to approve the recommendation by Officers that an Order should be made for the extinguishment of part of Binsted Footpath No.38, on the grounds that it is not needed for public use.

2) Legal Framework for the Decision:

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.

3) Summary of Issues to be Decided:

3.1. Officers believe that it is expedient to extinguish Footpath No.38 between Points B, C and D on the attached plan, in that the cul-de-sac section of the U229 Station Road, together with the Station access road, provides a more convenient connection with other parts of the footpath network.

3.2. Members are therefore requested to authorise the making of an Order under s118 of the Highways Act 1980 for the extinguishment of this section of public right of way.

4) Recommendations:

4.1. It is recommended that an Order be made to extinguish part of Footpath No.38
in the Parish of Binsted between Points B, C and D on the attached plan.

1) Purpose of Report:

1.1. Hampshire County Council has received an application to extinguish part of Footpath No.38 in the Parish of Binsted, as shown on the attached large scale plan.

1.2. It is proposed that the application to extinguish part of Binsted Footpath No.38 be approved under Section 118 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981, on the grounds that it is not needed for public use and that it is expedient that this section of the path should be extinguished.

2) Applicant:

2.1. Mr & Mrs L R Siers
Forest Halt, Station Road, Bentley, Farnham GU10 5LA

3) Landowners:

Mr & Mrs L R Siers
Forest Halt, Station Road, Bentley, Farnham GU10 5LA

Mr D P Delaney

Oakhurst, Station Road, Bentley, Farnham GU10 5LA

4) Description of the Routes (please refer to the map attached to this report):

4.1. Current Route

Binsted Footpath No.38 commences at Point A (GR 479274 143188),
at the junction of a number of paths on the eastern end of the U229 Station Road, and proceeds in a generally south westerly direction along this road to Point B (GR 479228 143130). The footpath then turns to the south east, following a narrow gap between the garages of two private residences, to Point C (GR 479250 143106) and then along the northern curtilage of the railway line, between fences, to Point D (GR 479226 143084). From this point, Footpath No.38 continues south across the railway lines, via a level crossing, and onwards across fields to the south.

The length of Binsted Footpath No.38 between Points B, C and D is approximately 66 metres.

4.2. The land crossed by this section of footpath is largely in the ownership of the applicant, but section B-C also crosses land owned by his neighbour, Mr Delaney, and the latter has confirmed that he has no objection to this proposal.

4.3. The cost of processing and advertising an Extinguishment Order, if approved, will be met by the applicant. The costs of confirming such an Order (other than those directly attributable to the placing of an advertisement in the local press) must be borne by the County Council.

5) Impact on the Public

5.1. The applicant states that there are very few members of the public who actually use this path. Officers have not been able to confirm this view,
but there is no evidence of surface wear along the route that would indicate regular use by walkers. If members wish, the period for local display of the Order, if made, could be extended from four to eight weeks, in order to give additional scope for objections by irregular users.

5.2. Routes B-C-D and B-E-D each form two sides of a square and serve the same purpose. It is unnecessary to retain (and maintain) both routes, and B-C-D appears to be the less attractive of the two because potential users may feel inhibited about leaving the public road at Point B to enter the gap between the garages on the periphery of two private dwellings.
Section C-D is also narrow, not overlooked and is potential insecure for lone walkers.

5.3. The alternative route, via the U229 to Point E and then along the Station approach, provides a safer and more obvious route, provided that the same care is exercised in relation to vehicles (which are moving at slow speed in these areas) as is necessary when using section A-B of the same path.

6) Consultations with Other Bodies:

6.1. Local Member - Councillor Kemp-Gee
Councillor Kemp-Gee has been consulted on this proposal.

6.2. East Hampshire District Council
The Head of Legal Services at East Hampshire District Council has been consulted on this proposal and has confirmed that they have no objection, provided that the extinguishment is not to facilitate development of the garages.

6.3. Binsted Parish Council
Binsted Parish Council has been consulted on this proposal and has given their support to the extinguishment of section B-C-D.

6.4. Rights of Way Area Officer
The Rights of Way Area Officer for North East Hampshire has no objection to this proposal.

6.5. HCC - Highways Management
Highways Management has been consulted on this proposal and has no objection to the extinguishment of this section of footpath.

6.6. HCC - Environment Department
Environment Department has been consulted on this proposal.

6.7. Hampshire County Archivist
The County Archivist has consulted both Tithe and Enclosure maps and it does not appear that there is evidence of routes of higher status on this alignment. Rights of Way Officers have also inspected the Ordnance Survey County Series plans from the 1860s onwards, with a similar result.

6.8. The Ramblers' Association
The Ramblers' Association has been consulted on this proposal.

6.9. The Open Spaces Society
The Open Spaces Society has been consulted on this proposal. Their local representative commented that he could not assess the value of the path until vegetation had been cleared and fence panels straightened. He did not, however, make any basic objection to the proposed extinguishment of section B-C-D.

6.10. Land Access & Recreation Association (LARA)
LARA has been consulted on this proposal and although there were some comments on the legal status of section A-B in relation to the NERC legislation, there is no basic objection to the proposed extinguishment of Section B-C-D.

6.11. National Farmers Union
The National Farmers Union has been consulted on this proposal and has no objection to the extinguishment of section B-C-D.

6.12. Cyclists Touring Club
The Cyclists Touring Club has been consulted on this proposal.

7) Comments on Consultation Replies

7.1. Of the responses received from the consultation exercise, the majority are either in favour of the proposal, or have no objection to it.

7.2. The Open Spaces Society has stated that it cannot assess the proposal to extinguish section B-C-D until vegetation had been cleared and a number of fence panels had been straightened. Section 118(6) of the Highways Act states that "any temporary circumstances preventing or diminishing the use of a path or way by the public shall be disregarded". It is unlikely that any minor intrusions that were present in late 2008 would have prevented any walkers who wished to use the path from doing so. The landowner has agreed to clear the path, but it is unlikely that the Society will make a further visit to the site.

8) Criteria for Assessment of the Proposal

8.1. In considering whether to agree with the proposal, Members must be satisfied that the path is not needed for public use and 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.

9) Conclusions:

Officers are of the opinion that the proposed extinguishment satisfies the criteria required by section 118 of the Highways Act 1980 and that it is expedient for the Council to make an order in that:

9.1. There is a more convenient route along the paved road that does not include steps or a gate - both of which are present on section B-C-D of Footpath No.38

9.2. The length of the alternative route along the public road (96 metres)
is not significantly greater than the equivalent section of Footpath No.38 (66 metres).

9.3. The extinguishment of section B-C-D of Footpath No.38 will not affect access to any land adjacent to the path.

10) Recommendations

10.1. It is recommended that an Order be made for the extinguishment of part of Footpath No.38 in the Parish of Binsted between Points B, C and D on the attached plan.

Links to the Corporate Strategy

Yes

No

Hampshire safer and more secure for all

_

Maximising well-being

_

Enhancing our quality of place

_

OR

This proposal does not link to the Corporate Strategy but, nevertheless, requires a decision because:

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

(NB: the list excludes published works and any documents which disclose exempt or confidential information as defined in the Act.)

(Quote list of documents here: e.g. list the relevant letters, memos, etc. and their location)

Document

Location

General Correspondence

I:\Recreation and Heritage\Countryside Service\
Rights of Way\Andrew Jones\Diversions\Binsted Fp 38

Proposal File

ATJ/Div/Binsted Fp 38

IMPACT AREA

IMPACT LEVEL

COMMENTS

WHERE COVERED IN REPORT (Where there are details of how impact could be managed)

Equality & Diversity Impact

None

Crime Prevention (under Section 17)

Low

Reduced access by the public to the rear garden of Forest Holt and therefore an improvement in security for the householder