Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

27 May 2009

Decision Title:

Proposed dedication of a public footpath from Hursley Footpath 501 to Old Kennels Lane, Oliver's Battery

Decision Reference:

728

Report From:

Director of Culture, Community and Rural Affairs

Contact name:

Sylvia Seeliger

Tel:

01962 846349

Email:

[email protected]

EXECUTIVE SUMMARY

1) Summary of Decision Area:

1.1. The County Council owns a strip of land which connects Hursley Footpath 501 where it reaches the boundary of South Winchester Golf Club to Old Kennels Lane, in Oliver's Battery. This strip of land has no public rights recorded over it. The proposed dedication of a public footpath over this strip by the County Council would correct an anomaly, in that Hursley Footpath 501 does not currently reach a public highway.

2) Legal Framework for the Decision:

2.1 HIGHWAYS ACT 1980: section 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.

3) Recommendations:

3.1. 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.

1) Purpose of Report:

1.1 The purpose of this report is to set out the background to, and financial implications of, accepting the dedication of a public footpath by Hampshire County Council.

2) The Landowner:

2.1 Hampshire County Council.

3) Background:

3.1 The land over which public footpath rights are to be dedicated was purchased by Hampshire County Council in March 1921 for the purposes of small holdings under the Small Holdings and Allotments Acts 1908 to 1919. Ordnance Survey County Series mapping at the scale of 1:2,500 from the 1930s shows that the land between the golf course and Old Kennels Lane was beginning to be used for building plots. There was a strip of land connecting the footpath (now the diverted Hursley Footpath 501) over Manor Farm (now the golf course) with Old Kennels Lane. Since that time, further housing has been built, with the construction of Treble Close.

3.2 In 1987 a Definitive Map Modification Order was made to add Hursley Footpath 501 to the Definitive Map (the `1987 Order'), and the description indicated that the path would `connect with a path on County Council land at the Parish boundary'. This connecting path was shown on the plan of the 1987 Order as a physical route. In 1994 Hursley Footpath 501 was diverted to its present line, and the 1994 Order plan shows a footpath continuing from the end of it in a south easterly direction. The person who drew the plan may have been led to put this footpath on the plan from the description in the 1987 Map Modification Order. There is, however, no public path in this location on the 1964 Definitive Map.

3.3 During the preparation of the current edition of the Definitive Map, this anomaly was discovered. As the County Council was found to be the owner of the strip of land, this anomaly can be remedied by the dedication of the necessary public footpath rights over the path.

3.4 The public is already using the path as a means to reach Old Kennels Lane, and there is a wooden fingerpost in place at point A.

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

4.1 The path is 98 metres long, has an earth surface along most of its length, and is 2 metres wide, the majority between boarded fences. Part of the path runs along a paved extension to Treble Close. It leaves Old Kennels Lane and runs in a north westerly direction straight onto South Winchester Golf Course.

5) Consultations with other bodies:

5.1 Oliver's Battery Parish Council

The Parish Council supports the proposed dedication of the path.

5.2 Winchester City Council

No comment.

5.3 Local Member - Councillor Charlotte Bailey

Councillor Bailey welcomes `the fact that HCC is willing to dedicate' this path in Oliver's Battery. It has been used as `a through route for many years'. Its absence from the Definitive Map was noted when it was republished recently. `The residents of Olivers Battery will be very pleased if the Committee confirm this'.

5.4 Ramblers' Association

The Ramblers' Association `welcomes this offer'. Their representative adds that `the path between Hursley FP 501 and Old Kennels Lane has been established on the ground since long before FP 501 was put in place when the golf course was built, and at one stage even boasted a footpath fingerpost at the road. Formalisation of this arrangement is very appropriate'.

5.5 Open Spaces Society

No comment.

5.6 Countryside Access Manager

No comment.

5.7 Adjoining owners

No comment.

5.8 Property, Business and Regulation Services

The County Estates Practice has responded as follows:

`The dedication would be subject to:

(a) prevailing access arrangement from Treble Close across the footpath to existing dwellinghouses and

(b) County Farms reserving the right to grant full access rights from Treble Close across the footpath to serve any future development of land to the rear of properties in Old Kennels Lane'.

The Rights of Way Section has no objection to these conditions.

Dedication of public footpath rights has been approved under delegated powers.

6) Financial Implications:

6.1 There is no intention to make any change to the surface of the footpath. It has been maintained until now by the Area Officer, and receives annual vegetation clearance. Therefore the maintenance costs are minimal, and it is not thought there will be any additional maintenance required.

6.2 Under s.25(6) the highway authority must give notice of the dedication by the publication of an advertisement in a local newspaper, so there will be some expense associated with this.

7) Conclusions:

7.1 The path is already being used by the public to link Hursley Footpath 501 to Old Kennels Lane, and this dedication would secure it for future use, and provide certainty for users that they are walking on a public right of way.

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

File Consolidation Anomaly Oliver's Battery

Rights of Way Office

Mottisfont Court, High Street,

Winchester, SO23 8ZF

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)

None

Environmental

None