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 has received an
offer for the dedication of public footpath rights on land known as
‘Top Field’. The offer has been made by Drew Smith
Homes Ltd, which owns the land over which the routes run. The
dedications will provide links to and between other footpaths
recently recorded through diversion orders made by Winchester City
Council (WCC) under Section 257 of the Town and Country Planning
Act 1990. The routes to be dedicated, which are shown on the
accompanying Location Map, will be dedicated under Section 25
Highways Act 1980, and will be 1.5 metres wide.
1.2. The diversion orders made by WCC realigned public rights that
were due to be recorded by Hampshire County Council via a
Definitive Map Modification Order (DMMO). Approval for the DMMO was
given by the County Council’s Regulatory Committee in October
2019, but the need to realign some of these routes to accommodate
proposed development resulted in a diversion order being made by
WCC (in its capacity as planning authority) in December 2019. This
order was confirmed on 2 March 2020.
1.3. The alignment of the footpaths to be dedicated mirror some of
the routes that were approved at the Regulatory Committee meeting
of October 2019. Because the landowner was content to accommodate
these routes through the development site there was no need for
them to be included in WCC’s diversion order, and the
landowner has agreed to dedicate these routes voluntarily. The
routes will therefore no longer need to be recorded via a DMMO (two
other routes that sit outside the boundary of the development site
will still need to be recorded by a DMMO in due course).
1.4. Since the dedications compliment the WCC orders by linking the
diverted routes, and given the need to expedite the dedications so
the completed network can be recorded on the definitive map as soon
as possible, no fresh consultation has taken place. However, the
proposals for the realignment of the claimed routes on the site
were consulted upon by the landowner and WCC late in 2019 prior to
the making of the s257 order, and no objections were submitted in
respect of these proposals at the time.
Publication date: 24/03/2020
Date of decision: 10/03/2020
Accompanying Documents: