Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

27 May 2009

Decision Title:

Proposed dedication of a public footpath from Footpath 7 to Compton and Shawford Restricted Byway 35, Oliver's Battery

Decision Reference:

730

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 Oliver's Battery Footpath 7 and Compton and Shawford Restricted Byway 35, in Oliver's Battery. This strip of land has no public rights recorded over it. The dedication of footpath rights over it will protect it for public use.

2) Legal Framework for the Decision:

2.1. HIGHWAYS ACT 1980: section 25: Creation of a footpath, bridleway or restricted byway by agreement

a) 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 or bridleway over land in their area

An agreement under this section is referred to in this Act as a "public path creation agreement".

b) For the purposes of this section "local authority" = (a) in relation to land outside Greater London means a county council, a district council...on the date when the right of the public to use the way is

c) 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.

d) 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 or bridleway subject to limitations or conditions affecting the public right of way over it.

e) 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 or bridleway 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 4.5 metres.

1) Purpose of the 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) Landowner:

2.1. Hampshire County Council.

3) Background:

3.1. The land over which public footpath rights are to be dedicated is part of land that was purchased by the Highways Department of Hampshire County Council on 30^th July 1976 from J. E. Hart, for the Western Distribution Road. It is surplus to the requirements of the construction of that road and has, at some time in the past, been metalled with tarmac. There is no historic origin for this path.

3.2. This matter results from a potential application by Oliver's Battery Parish Council to record this path and part of an elevated section of Compton and Shawford Restricted Byway 35 (its original level prior to being made into a cutting to reach Badger Farm Road at grade) on the Definitive Map as public footpaths. Difficulties were encountered when the applicant could not identify the landowner of part of the land, so notice has not been fully served. Nineteen completed user forms were submitted as supporting evidence.

3.3. Once it was established that the land running parallel to Badger Farm Road is owned by the County Council, it was felt by officers that it would be more expedient to resolve the matter by means of the dedication of footpath rights over that strip of land. Therefore, there has been no investigation of the potential claim. The section along Compton and Shawford Restricted Byway 35 is considered to be within the width recorded on the Definitive Statement, and its existing status encompasses the right to pass and re-pass on foot. Oliver's Battery Parish Council is content that the matter is resolved by this dedication.

4) Description of Footpath:

4.1. The footpath commences from point A on the attached plan, where Oliver's Battery Footpath 7 meets a footbridge that crosses the A3090 Badger Farm Road. The path continues in a south easterly direction for a distance of 48 metres, on an embankment above the road, until it reaches Compton and Shawford Restricted Byway 35, which it meets at a right angle. The path runs between post and rail fences, and it has grass verges with a strip of tarmac and gravel in the middle. The width between the fences is 4.5 metres.

5) Consultation 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'. `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 also comments that this path `has been well established for many years and its addition to the map is very welcome'.

5.5. Open Spaces Society

No comment.

5.6. Countryside Access Manager

No comment.

5.7. Property, Business and Regulation Services

The County Estates Practice has responded that `a free dedication of the subject land by Environment (Highways) for use as a public footpath was approved by the Executive Member (Policy and Resources) on 4 March 2009'.

6) Countryside Access Plans:

6.1 This dedication addresses two issues outlined in the Countryside Access Plan for Test and Itchen, namely Issue 2 `Countryside users are forced to use or cross busy roads to link up rights of way and other off-road access' and Issue 4 `Local people would like to see improved connections within the countryside access network, to enable them to plan a range of circular routes'.

7) Financial Implications:

7.1. There is no intention to make any change to the surface of the footpath. It has been maintained by Hampshire Highways, and requires only suitable waymarking. Because of the nature of the surface and of the traffic that the path already receives, it is not thought that any additional maintenance will be required.

7.2. 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 some expense associated with this.

8) Conclusions:

8.1. The path is already being used by the public to link Oliver's Battery Footpath 7 with Compton and Shawford Restricted Byway 35, 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 Potential Claim 1016 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