Decision Maker: Director of Culture, Communities and Business Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
1.1 Hampshire County Council proposes to make
a creation order under Section 26 of the Highways Act 1980 to
record public bridleway rights between Shawford Road and Southdown
Road, near Shawford Down (as shown on the attached map). Part of
the route, which runs over Shawford Down (a County Council owned
site), is already recorded as a public footpath, whilst the
remainder is not recorded as a right of way of any
1.2 This proposal was initiated following contact from local residents asking if the unrecorded route to the south of Shawford Down could be recorded as a through route for pedestrians and cyclists. It is customary in this scenario for the owner of the land to be approached to establish whether they would be agreeable to a voluntary dedication by the landowner (under Section 25 HA 1980). However, in this case the land is unregistered, and no owner can be traced. Consequently, it is considered that it will be easier for the County Council to exercise its powers under Section 26 and create the rights via a legal order. An alternative option of recording the route via a Definitive Map Modification Order (based on evidence of long use) was considered to be a less efficient mechanism than an order under Section 26.
1.3 Winchester City Council, Shawford Parish Council, County Councillor Jan Warwick and statutory user groups have been consulted on the proposal. All who responded have expressed support for the proposal. No objections have been received.
Publication date: 28/10/2019
Date of decision: 25/10/2019