Decision details

In 2006, a member of the public submitted an application to Hampshire County Council to have a route connecting Wych Lane and Nobes Avenue (as well as two spurs linking the route to Fisher Road) in Bridgemary, Gosport, as public footpaths, based on evidence of long use by the public without challenge. The routes in question run through land within the ownership of Hampshire County Council (HCC) and Gosport Borough Council (GBC).

1.2. The claimed routes are all recorded on the list of streets maintainable at public expense. Given this fact, when the claim was for investigation in 2016, rather than conduct further research, officers instead approached GBC and the Estates team within HCC to explore the possibility of a voluntary dedication of public rights. This course of action was subsequently agreed by both HCC (in May 2016) and GBC (June 2017). Through these discussions, it was also determined that other routes in the immediate vicinity, which are also recorded on the List of Streets (all of which are on GBC-owned land) should also be dedicated as public footpaths. The routes in question are shown on the plan included at Appendix 1.

1.3 It has therefore been determined that the claim for public footpath rights should be resolved through a voluntary dedication, through an agreement under Section 25 Highways Act 1980 between HCC (in its capacity as highway authority) and GBC, and through a deed of dedication under Section 1 Localism Act 2011 (for the section on HCC land).