Archived decisions

Decision Maker:

Hampshire County Council Regulatory Committee A

Date of Decision:

27^th May 2009

Decision Title:

Application for a Public Path Extinguishment Order for
Footpath No.24 in the Parish of Colden Common

Decision Reference:

732

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 Colden Common Footpath No.24 crosses a triangle of land enclosed within a number of public rights of way in the vicinity of Leylands Farm at Colden Common.

1.2. An application has been received from the owner of Willow Cottage for the extinguishment of Footpath No.24, which passes through this property.

1.3. Members are requested to approve the recommendation by Officers that an Order should be made for the extinguishment of Colden Common Footpath No.24, 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.24 between Points A and B on the attached plan, in that the surrounding network of public rights of way is sufficiently dense and convenient that it makes the route in question redundant.

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 footpath.

4) Recommendations:

4.1. It is recommended that an Order be made to extinguish Footpath No.24
in the Parish of Colden Common between Points A and B on the attached plan.

1) Purpose of Report:

1.1. Hampshire County Council has received an application to extinguish Footpath No.24 in the Parish of Colden Common, as shown on the attached large scale plan.

1.2. It is proposed that the application to extinguish Colden Common Footpath No.24 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 T Clay
Leylands Farm, Colden Common, Winchester, Hants SO21 1TH

3) Landowners:

3.1. Mr & Mrs T Clay
Leylands Farm, Colden Common, Winchester, Hants SO21 1TH

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

4.1. Current Route

Colden Common Footpath No.24 commences at Point A (GR 448364 121175) at a junction Footpath No.23. It then runs in a generally southerly direction across pasture to enter the garden of Willow Cottage. The path continues between the residential buildings and then crosses a stile to terminate at Point B (GR 448346 121104) on a junction with Footpath No.21.

The length of Colden Common Footpath No.24 between Points A and B is approximately 74 metres.

4.2. The land crossed by this section of footpath is entirely within the ownership of the applicant.

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 the path is seldom used by members of the public - those who are familiar with the local network will chose other paths which are more obvious and less intrusive to private dwellings.

5.2. 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.

5.3. Recent redevelopment of Willow Cottage has included the erection of post and rail fencing which has obstructed the path. This should not be taken into account when assessing the potential use of this route, but nevertheless the County Council has not received any reports of obstruction on this right of way from members of the public.

5.4. The alternative routes, via footpath Nos.21, 22 and 23, provide more obvious alignments which do not require the user to negotiate stiles or pass within close proximity of residential buildings.

6) Consultations with Other Bodies:

6.1. Local Member - Councillor Peter Kent Mason
Councillor Kent Mason has been consulted on this proposal and has requested that Footpath 24 should be extinguished.

6.2. East Hampshire District Council
The Head of Legal Services at Winchester City Council has been consulted on this proposal and has confirmed that they have no objection.

6.3. Colden Common Parish Council
Colden Common Parish Council has been consulted on this proposal and has given their support to the making of an order for extinguishment.

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

6.5. HCC - Highways Management
Highways Management has been consulted on this proposal.

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

6.7. Hampshire County Archivist
The County Archivist has consulted the Tithe map for Twyford and Owslebury and it does not appear from this map 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 and has confirmed that they would have no objection to the making of an Order for extinguishment.

6.9. The Open Spaces Society
The Open Spaces Society has been consulted on this proposal and has confirmed that they would have no objection to the making of an Order for extinguishment. They have, however, made a number of comments on how the surrounding paths could be improved in order to support the case for closure of Footpath No.24.

6.10. Land Access & Recreation Association (LARA)
LARA has been consulted on this proposal and has stated that they have no view on the proposal.

6.11. National Farmers Union
The National Farmers Union has been consulted on this proposal.

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, all are either in favour of the proposal, or have no objection to it. In particular, the Parish Council, which represents the views of local residents, has given it their support.

7.2. The suggestions by the Open Spaces Society for improvements to adjacent footpaths have been passed to both the applicant and the Rights of Way Area Team for consideration and implementation if appropriate.

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 are more obvious and convenient routes in the vicinity of Footpath No.24 which serve the same purpose and lead in the same direction.

9.2. The extinguishment of Footpath No.24 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.24 in the Parish of Colden Common between Points A and B 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\Extinguishments\Colden Common Fp 24

Proposal File

ATJ/Div/Colden Common Fp 24

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 garden of Willow Cottage and therefore an improvement in security for the householder