Archived decisions

Decision Maker:

Regulatory Committee

Date of Decision:

29 July 2009

Decision Title:

Proposal for the addition to the Definitive Map of a footpath from the U189 (Mill Lane South) to the U189 (Mill Lane) in the Parish of Droxford

Decision Reference:

840

Report From:

Director of Recreation and Heritage

Contact name:

Sylvia Seeliger

Tel:

01962 846349

Email:

[email protected]

EXECUTIVE SUMMARY

1) Summary of decision area:

1.1. Research into the status of Mill Lane, Droxford, has revealed that a footpath between the two parts of Mill Lane (U189), which is not currently recorded on the Definitive Map has, in the past, been regarded as a public highway by the County Council and others. The route appears to be in use by the public, and part of it has a tarmac'ed surface. There is evidence that a common law dedication has taken place. It is recommended that a Map Modification Order should be made.

2) Legal framework for the decision:

2.1. WILDLIFE AND COUNTRYSIDE ACT 1981: (53)

Duty to keep definitive map and statement under continuous review:

(2) As regards every definitive map and statement, the surveying authority shall:

b) .... keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence.... of any of [the events specified in sub-section (3)] by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.

(3) The events referred to in sub-section (2) are as follows: -

b) the expiration... of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path;

c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows -

i) that a right of way which is not shown on the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way [to which this Part applies]

ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description

iii) that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.

2.2. PRESUMED DEDICATION AT COMMON LAW:

Use of a way by the public without secrecy, force or permission of the landowner may give rise to an inference that the landowner intended to dedicate that way as a highway appropriate to that use, unless there is sufficient evidence to the contrary. Unlike dedication under S.31 Highways Act 1980, there is no automatic presumption of dedication after 20 years of public use, and the burden of proving that the inference arises lies on the claimant. There is no minimum period of use, and the amount of user which is sufficient to imply the intention to dedicate will vary according to the particular circumstances of the case. Any inference rests on the assumption that the landowner knew of and acquiesced in public use.

3) Summary of issues to be decided:

3.1. The primary issue to be decided by this Committee is whether there is evidence to show that the footpath subsists, or is reasonably alleged, to subsist. The burden of proof in these matters is `on the balance of probabilities', so it is not necessary for evidence to be conclusive before a change to the Definitive Map can be made.

3.2. If a right of way is considered to subsist, or members consider that it is reasonably alleged to subsist, then the route, status and width of that way must also be determined, and authority is required for the making of an Order to record that right on the Definitive Map.

4) Recommendations:

4.1. That a Definitive Map Modification Order be made to record a footpath between the U189 (Mill Lane South) and the U189 Mill Lane, in Droxford, shown on the attached map as A-B-C.

4.2. Route A-B-C has a width that varies between 2 and 2.5 metres.

1) Purpose of report:

1.1. The purpose of this report is to set out the facts of the case to enable Members to determine whether a public right of way should be recorded on the Definitive Map through the provisions of Section 53(2)(b) and 53(c)(i) of the Wildlife and Countryside Act 1981.

2) The Landowner:

2.1. The landowners are Mr. J. and Mrs C. Parmenter.

3) Description of the route (please refer to the map attached to this report):

3.1. This footpath runs from the end of the metalled section of the U189, Mill Lane South, at point A between the drive to the Mill House and the entrance to the ford through the River Meon. It runs in a northerly direction, and the surface consists of large paving slabs 85 cm in width set in grass. The path is fenced against the Mill House on the west boundary, while on the east is the bank of the River Meon. The path then turns east over a footbridge (point B), and then continues in a north easterly direction until it meets another footbridge at point C, where it meets the northern part of the U189, Mill Lane. The footbridge is 1 metre wide and made of concrete. This section of the path has a surface consisting of scalpings and remnants of tarmac with grass verges, with a width of up to 2.5 metres. The surface then changes to become wholly tarmacadamed, with grass verges. The tarmac is about 80 cm wide here, with the distance between the hedge and the edge of the grass verge being 2 metres. The length of the footpath is 192 metres. In this report it will be called the Mill Lane footpath.

4) Background to the claim:

4.1. There is evidence of the existence of Mill Lane from maps of the early 19^th century onwards, and the first map that shows the Mill Lane footpath is the Ordnance Survey County Series first edition of c.1871. It seems that horses and carts used the river as a highway (it is marked `ford' on the second edition of 1895). Other evidence suggests that the public used the footpath on dry land on the west bank. There is no evidence that the section of Mill Lane along the bed of the river has ever been stopped up.

4.2. In 1947 a map was prepared for the County Surveyor, on which this path from B to C was marked as `Footpath 114' but it was not included on the first Definitive Map compiled in the early 1950s.

4.3. The path is open for public use, and is in use by the public. It is part of the long distance route, the Wayfarers' Way. It is proposed to record it on the Definitive Map to safeguard it for future public use, and to clarify for the public that it is a public highway.

5) Issue to be decided:

5.1. The issue to be decided by this Committee is whether there is evidence to show that the claimed route ought to be shown on the Definitive Map as a highway, that is as footpath, bridleway, restricted byway or byway open to all traffic.

5.2. Any changes to the Definitive Map must reflect public rights that already exist. It follows that changes to the Definitive Map must not be made simply because such a change would be desirable, or instrumental in achieving another objective. Therefore, before an Order changing the definitive map is made, members must be satisfied that public rights have come into being at some time in the past. This might be the distant past (proved by historic or documentary evidence) or in the recent past (proved by witness evidence).

5.3. Historic and documentary evidence has been examined to see whether the past history and use of the paths point to them having public rights as a result of dedication in the distant past. Any such rights are not lost merely through disuse. Unless stopped up by due process of law, any rights previously dedicated will still exist, even if they are now neither used nor needed. This evidence must be looked at as a whole, it being unlikely that a single document or map will provide sufficiently cogent evidence to justify a change to the definitive map. This type of evidence may disclose rights other than those claimed by the applicant, for example, they may show that the lane is an old road for vehicles, not merely a footpath or bridleway. The County Council is under a duty to record such rights as are found to exist.

5.4. The burden of proof in these matters is `on the balance of probabilities', so it is not necessary for evidence to be conclusive before a change to the Definitive Map can be made.

5.5. The originals of many of the documents referred to in this report are only available in public record offices, but copies, transcripts or tracings of most documents are available for inspection in the offices of the Rights of Way Section. Members are urged to inspect these, or the originals, when considering this report.

6) Documentary evidence:

6.1. Early commercial one inch maps

The maps made by Taylor (1759), the Ordnance Survey (1810) and Greenwood (1826) show Mill Lane, but are of too small a scale to show the path (see Appendix 1 for an evaluation of historic documents).

6.2. Ordnance Survey County Series first edition, c.1871

This map shows the footpath by means of parallel pecked lines, running through an area of pasture (`144' in the book of reference). It runs from a point to the north west of the mill building. There is a line across the area surrounding the mill, and this might be a gate or wall. The path starts from this line. The configuration of land and river in this area is not the same as shown on current mapping. The northern end of the path ends at the river (there appears to be no footbridge, but the river may have been shallow enough to ford at this point and time), and appears to continue on the northern bank of the other section of Mill Lane.

6.3. Ordnance Survey County Series second edition, 1895

The path is shown on this map, starting from a footbridge to the south of the mill buildings (point B). It runs on the eastern bank of a body of water marked as `Mill Pond'. A single pecked line goes north and north east from the end of Mill Lane (the topography of the area round the mill is different on this map from the previous edition), but there is nothing to indicate whether this is a path or a boundary around a building which has appeared where the river was in the previous edition. The linking section of Mill Lane is marked on the map as `Ford'. The footpath crosses the River Meon by means of a footbridge, and continues along the northern section of Mill Lane, on its west bank. This is marked `F.P' for footpath.

6.4. Ordnance Survey County Series third edition, 1909

The footpath begins in the same place, alongside the mill building, and follows the eastern bank of the Mill Pond. On this map, another path shown by parallel pecked lines runs through the ford from Mill Lane, and follows the west bank of the River Meon. Both paths coalesce to the south of the footbridge across the River Meon, and the resulting path connects with the northern section of Mill Lane. There is no longer any footpath on the northern side of this part of Mill Lane.

6.5. Droxford Handover Map 1929 (HRO H/SY3/6/6)

These maps show those routes that the Rural District Council considered to be publicly maintainable highways when responsibility for their upkeep was handed over to the County Council. This map shows the Mill Lane footpath by means of a broken red line connecting the two footbridges, both of which are ringed in red, and named as Mill Bridge and Horse Bridge This notation is shown in the key as a public footpath other than one at the side of a carriageway, repairable by the District Council.

6.6. Drawing of `Footpath at Droxford', January 1947 (HRO 217M84/61/9)

This is a hand-drawn sketch plan, for or on behalf of A.C. Hughes, the HCC County Surveyor, and is dated January 1947. It shows the two parts of Mill Lane, both marked as the C189. A section of the river is marked `Old Highway', and this coincides with the section of the River Meon that was marked as `Ford' on the second edition County Series map. Mill Lane footpath is clearly shown starting from the footbridge to the south of the mill house marked `A' on the drawing, running along the eastern bank of the Mill Pond, and connecting to the northern part of Mill Lane, via a footbridge marked `C'. No path is shown running across the forecourt of the Mill, presumably because this whole area was considered to be publicly maintainable highway, something reflected on the 1964 Definitive Map, where it is shown as part of the U189. The path is marked `F.P. No. 114'.. The current Definitive Statement shows rights of way in the Parish of Droxford up to the number 22, but it may be that this number is derived from the total number of paths in the Droxford Rural District, as it was at the time the drawing was made.

6.7. Photograph of footbridge over River Meon, 20^th century (43M94/37/21)

The photograph is taken from the footpath near to point C, looking north east towards the northern part of Mill Lane. The footbridge is metal and appears to be painted white. On the other side of it, Mill Lane is visible, with a tarmac'ed surface, which surface also seems to extend to the footpath. To the right of the footbridge, the ford into the River Meon which connects the two parts of Mill Lane is visible, and there appears to be water in the two ruts leading out on to Mill Lane, suggesting that it was used a short time before the photo was taken. It has not been possible to assign a date to this photo.

6.8. Documents from Rights of Way Parish File 1951-1986

Map showing Rights of Way claimed by Droxford Parish Council 1950

The files contain a rights of way map, dated March 1950 and signed by Edward J. Adams, the Chairman of the Parish Meeting. It is on an Ordnance Survey map base. Footpath 11 is shown, running parallel with Mill Lane South. From the eastern end of Footpath 11, a route is shown with a series of short parallel pencil lines of varying widths across it. This route connects a point above the words `Corn Mill' with the northern end of Mill Lane, and it seems to cover the route of Mill Lane through the river. An arrow head has been drawn in pencil pointing at this route, and a line connects the arrow to the word `Windpump' below Footpath 16, and another line finishes outside the extent of the map, with a cross at the end of it. This map shows that this footpath was not claimed at the time of the compilation of the first Definitive Map, even though the County Surveyor considered it to be Footpath 114 only three years earlier. Because of the quality of the original copy of the map, it is not possible to say whether or not the Mill Lane footpath is shown there.

6.9. Letters between Ramblers' Association representative and Hampshire County Council, 1951

A letter dated 6^th March 1951, from the Ramblers' Association representative addressed to the Clerk to the County Council requests that `action be taken for the following paths omitted from the Draft Map and Statement', and specifically refers to `from B2150, Brock Bridge to U189 near Corn Mill, as shown on 6" O.S. Sheets'. It appears that, even if Droxford Parish Council did not put forward a claim for the path on the west bank of the river, the local representative of the Ramblers' Association was aware that it should be included on the Definitive Map. This letter was acknowledged by the County Surveyor, and consideration was to be given as to `what amendments to the draft map and statement might properly be made'. There followed discussions in June 1951, after which the Ramblers' Association withdrew some of their objections to the Droxford map. Judging by the list of paths left where objections were not withdrawn, the representative had persuaded the local Ramblers to withdraw their objection in relation to the Mill Lane footpath. This seems to be confirmed by the fact that there is no evidence from the Book of Objections for the compilation of the first Definitive Map for Droxford that any action was actually taken to have the path included. Although it is not known on what grounds the objection to the omission of this path was withdrawn, there is no suggestion that it was because the route was considered to be a footway at the side of a public carriageway. Later correspondence suggests that the Parish Council, at least, seemed not to be aware that the public carriageway went through the river, with the footpath forming the way for pedestrians.

6.10. Correspondence about unofficial diversion of Footpath 11, 1970

In September 1970 complaints were received that an unofficial diversion had been made of Footpath 11, near the Mill. In a letter dated 29^th September 1970 to the County Land Agent, Lt. Col. Hulbert of The Mill said that he `came to the conclusion that a fence was required to define the run of a footpath parallel to the U189 road which is not shown or numbered on the Definitive Map'. Lt. Col. Hulbert indicated that he had questioned the users of this `undefined footpath', who apparently approved of the `innovation'. He had previously given permission `for the Council to place a tarmac surface on the undefined footpath on the Mill Bank'. These details would suggest that Lt. Col. Hulbert was describing the Mill Lane footpath. He acknowledged that it was in use by the public on foot, and was seeking to control the riding of bicycles on it by `defining' the route. Lt. Col. Hulbert had also taken the trouble to find out that there was no right to `ride bicycles at all on a footpath Right of Way'. He referred to `the continual recent increase of user', and said that he had `no intention of attempting to curtail any rights the Public may have and indeed am prepared to suffer a certain amount of additional inconvenience as I have in the past'. He seemed to be aware that a route could be a public right of way even if not officially recorded.

6.11. Investigation into Status of forecourt of the Mill, 1970

Research was carried out into the status of the Mill's forecourt, and the conclusion was that it was not in the interest of the Highway Authority to have to carry on maintaining the forecourt of the now defunct Mill. An obstruction on the bridge blocked a public footpath shown on the Definitive Map (presumably Footpath 11). The forecourt was described as a cul-de-sac, gated and privately maintained as it led to a private residence. The writer of the notes says `whatever may be the right of passage, according to the documents held, across this forecourt, there is little doubt but that the local inhabitants could claim this right by usage, but this point was NOT investigated'. These comments would seem to refer to the section of the path that runs along the approach to the Mill House, from where it crosses the footbridge. An the accompanying map to a form about the status of roads on 30<sup>th</sup> September 1970 shows the Mill Lane footpath by means of a blue broken line, and is annotated as `public footpath repaired by District Council'. Another form of the same date asked that the route of the public footpath past the mill be marked. The accompanying plan shows the Mill Lane footpath indicated between the two footbridges by arrows, and annotated `Footpath not shewn on Definitive Map but surfaced by HCC'. Further notes of the investigation made in 1970 include a sketch plan, which shows `F.P. 114' by means of a red line on the west side of the River Meon. It is shown going over the southern footbridge by the side of the Mill, and the person making the sketch has marked a series of crosses through it. South of the footbridge, the red line continues across the forecourt to the west of a building, though there is a question mark near the line. A comment in red pencil below the arrow notes `There is evidence that this F.P. went to west of building hatched but this is not conclusive'. A line in pencil, marked with numerous arrows indicating a southward route is marked `New route'. The investigator also includes in his notes information on rights of way, saying that `It would appear that this foot route was not immediately established, as the then R.D.C. records deposited map as handed over to H.C.C. show only one F.P. [notes annotate this with the number 1, which corresponds to the route on the sketch map just described] affecting this area, crossing the footbridge and then going in the direction of south until it meets the road.' The information from which the surveyor derived his comment about the path going to the west of the building is appended, in the form of a printed record which derives from records held by Droxford R.D.C. in relation to the 1932 Rights of Way Act. There is an entry in the record for `114', which is described as a `footway', from Droxford Church to Brockbridge (this is the only mention in the parish file of the route as a footway). This path went from south of the church past the Mill up to meet the northern of Mill Lane at the northern footbridge, north-east of the Mill Pond. The investigator noted that there was `another FP accepted as shown in the attached minute and this FP was part of the FP handed over on the Deposited map...and it must have either gone down the forecourt or crossed it'. He had already said that `it could be that the forecourt was considered highway'. The minute attached is from the Finance Sub-Committee of the Roads and Bridges committee on 3<sup>rd</sup> November 1947, and it refers to Droxford Footpath 114, which ran between the River Meon and the Mill Pond, `which is the main route from the village to the railway station', and needed to be surfaced with tarmacadam. The course of Mill Lane itself is described between the ford and the footbridge as being along the river bed. It appears from the sketch plan that the path linking the publicly maintained southern section of Mill Lane with the footbridge by the Mill itself at point B had migrated by 1970 to lie nearer to the river bank, its present position. This development might be expected given that the Mill was no longer working and the building had become a private residence.

6.12. Correspondence with Droxford Parish Council, 1970-1971

A member of the Rights of Way Section, Vera Gooderham, wrote a letter on 2^nd December 1970 to the Parish Clerk at Droxford. In it, she described the investigation that had taken place into rights of way at Droxford Mill. She refers to Droxford Footpath 11, and also to `the other path...not shown on the Definitive Map'. Miss Gooderham thought that the Parish Council `did not appreciate that Mill Lane itself...runs through the water, and that a separate footway would have to be claimed on higher ground for the use of pedestrians'. No path was claimed by the Parish Council, either when the first Definitive Map was prepared, or at the subsequent quinquennial review, and Miss Gooderham recommended that the Council should submit a claim with supporting evidence for the next review.

6.13. Correspondence regarding intentions of Droxford Parish Council, 1970-1971

The Parish Clerk for Droxford replied on 4^th December 1970 recording that the Council did wish `to establish their claim to the footpath used over a number of years, over the forecourt of the Mill from U189'. The Clerk wrote to Lt. Col. Hulbert on 12<sup>th</sup> January 1971 advising him that there was bad feeling in the village about `the closure of a path which has been in use at least 70 years'. The Clerk confirmed that the Council would take the matter up with the County Land Agent, and intended to apply for the re-instatement of the path at the next review of the Definitive Map.

6.14. Letter from Lane Fox, 14^th July 2004

This letter was sent in connection with a search on the Mill, Droxford. The solicitor noted that the plan of public rights of way sent in response to the search omitted two footpaths, marked on a map attached to the letter. The path marked B on this plan corresponds to the section B to C on the plan attached to this report. This the solicitor describes as having been seen by both him and his client being used by the public, `the path marked `B' extensively'.

7) User evidence:

7.1. No current user evidence has been sought, though an officer on a site visit encountered a walker who said that he had been using the path for about 40 years.

7.2. The correspondence quoted above at 6.13 indicates that the Parish Council considered in 1971 that the path had been in use by the public for at least 70 years.

8) The Landowner:

8.1. The landowners have no objection to the footpath being recorded on the Definitive Map.

9) Consultations with other bodies:

9.1. Droxford Parish Council

No comment.

9.2. East Hampshire District Council

No comment.

9.3. Local Member (Meon Valley) - Councillor Hindson

The local Member has been informed.

9.4. Ramblers' Association

The local Footpath Secretary says that the Mill Lane footpath `has been in use as long as Waltham Group has been formed [1986]...and evidence from local residents suggest it has always been there to link up both ends of Mill Lane. Footbridges are also in place to cross the river Meon. We have never been challenged or seen notices to say it was private, and have always had free passage along this footpath. We would welcome this footpath to be recorded on the definitive map'.

The Footpath Secretary also appends some evidence from a member of Droxford Parish Council, which gives details about conflict over use of the River Meon by motorised vehicles, but also states `there has never been a dispute about the footpath running alongside the river'.

9.5. Open Spaces Society

No comment.

10) Analysis of the evidence:

10.1. From the Ordnance Survey County Series mapping it can be said that the Mill Lane footpath from B to C has physically existed since at least the early 1870s. A part of the U189, Mill Lane, passes through the River Meon by means of a ford, and the footpath on the west bank of that river is where pedestrians would have had to walk. This was recognised by Droxford Rural District Council when they compiled a list of public rights of way for the 1932 Rights of Way Act, and the path was given the number 114 and was described as a footway. This is confirmed by the drawing made for the County Surveyor in 1947, where the footpath is shown and annotated as Footpath 114. The Droxford Handover map of 1929 had already shown the footpath as repairable by the District Council.

10.2. When Droxford Parish Council was invited to put forward those routes that they considered to be public rights of way for the first Definitive Map in the early 1950s, the Mill Lane footpath was omitted. It is not clear whether the Council was, at that stage, aware that Mill Lane itself went through the river, though there is a suggestion that they were because lines were drawn through that section and it was crossed out. There was an attempt to rectify this omission by the local representative of the Ramblers' Association during the public consultation process, but their objection was withdrawn, and the footpath was not recorded on the first, or any subsequent, edition of the Definitive Map.

10.3. A letter of 1970 from the then owner of the mill, Lt. Col. Hulbert, reveals that he had given permission for the [County] Council to put a tarmac surface on Mill Lane footpath. An undated (but twentieth century) photograph of the Horse Bridge shows this tarmac surface, which is still in place today. Lt. Col. Hulbert accepted that the path was in public use, and canvassed the opinions of members of the public using the path on his move to divert Footpath 11.

10.4. Lt. Col. Hulbert's `unofficial' diversion of that footpath gave rise to correspondence with the Rights of Way Section from the Parish Council. A member of the Rights of Way staff pointed out to the Parish Council the likely evolution of a footpath in this location and suggested that the Parish Council make a claim to have the footpath put on the Definitive Map at the next quinquennial review. This review did not happen and so the path is still unrecorded.

10.5. It can be said that the use by the public of the Mill Lane footpath has been without secrecy, force or permission of the landowner. That the landowner knew of, and acquiesced in, that use is demonstrated by the correspondence from Lt. Col. Hulbert, owner of the land in 1970. He gave permission for the Council to put a durable surface on the path, and sought the views of walkers on changes he was making to his property that would affect their ability to pass and re-pass on the path. Lt. Col. Hulbert stated that he did not want to curtail any right the public over the footpath. He was aware that it was not recorded on the Definitive Map, but was in effect treating it as a public highway for use on foot only, by seeking to control use by cyclists. Therefore, it can be said that a common law dedication of public footpath rights had taken place. Correspondence from the Parish Council indicates that the path had been in use by the public for at least seventy years, and probably before then, since the path was sufficient of a feature for the Ordnance Survey to record it on their County Series map of 1871.

10.6. The section of the Mill Lane footpath from the southern section of Mill Lane to the footbridge (A to B) ran over the forecourt of the Mill. Research carried out in 1970 into the status of the forecourt concluded that once milling had ceased in about 1920 it lost is public importance, and it was felt that it was not in the interest of the highway authority to have to maintain it. It was recognised that the public had crossed the forecourt on foot in the past, and could make a claim to have the path recorded legally based on that usage. The sketch plan drawn by the investigator suggested that the path had migrated to the east of the fence that enclosed the drive to the Mill, and by 1970 was well established on that line. At some time in the past, an owner of the Mill had paved the line of the footpath with paving slabs. It seems that it was accepted by 1970 that there had been enough public use of a way across the forecourt to warrant it being recorded on the Definitive Map, and that it ran to the east of the fence separating the forecourt from the river bank. The paving of the route can be seen as an act of dedication of public footpath rights by that landowner under common law, and the use by the public of it as an acceptance of that dedication.

11) Conclusions:

11.1. It may be that common law dedications of both parts of this path took place at some point in the distant past, and the subsequent maps and documents are evidence of this distant dedication.

11.2. However, if Members are not satisfied that the evidence is sufficient to support such a dedication, then they may wish to consider Lt. Col. Hulbert's letter to the County Land Agent dated 29^th September 1970. This shows that he was, in effect, making a common law dedication of public footpath rights on the Mill Lane path. He described the recent continual increase in user of the way, some of which caused him inconvenience and additional expense, but he did not wish to restrict any existing public rights over the path. This letter is evidence of both a dedication and acceptance of that dedication by the public.

11.3. Colleagues in Highways suggest that the middle section of Mill Lane itself is not shown on the list of publicly maintainable streets because, as it runs along the river bed, `there is no highway to maintain as such'. The question of how the highway there should be recorded is a matter to be dealt with by Highways, and it is not thought appropriate for it to be recorded as a restricted byway at this stage.

11.4. There is evidence that a right of way which is not shown on the Definitive Map and Statement subsists or is reasonably alleged to subsist on the route A-B-C, on the west bank of the River Meon, in the Parish of Droxford. The width of this footpath varies between 2 and 2.5 metres.

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: the County Council, in its capacity as `surveying authority', has a legal duty to amend the Definitive Map on the discovery of evidence that a right of way which is not shown in the map and statement, subsists or is reasonably alleged to subsist.

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: Mill Lane, Droxford

Rights of Way Office Room 200

Documentary evidence

Mottisfont Court

Correspondence

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

Crime Prevention (under Section 17)