Issue - meetings

Application for a Definitive Map Modification Order to record a Byway Open to All Traffic in Barton on Sea Parish of New Milton

Meeting: 24/07/2019 - Regulatory Committee (Item 145)

145 Application for a Definitive Map Modification Order to record a Byway Open to All Traffic in Barton on Sea Parish of New Milton pdf icon PDF 192 KB

To consider a report from the Director of Culture, Communities and Business Services, which seeks approval for the making of a Definitive Map Modification Order to record a footpath with a width varying between 4.3 metres and 4.7 metres, as shown as shown between Points A and B on the attached plan.

Additional documents:

Minutes:

The Committee considered a report from the Director of Culture, Communities and Business Services (item 6 in the minute book), which requests that authority is given for the making of a Definitive Map Modification Order to record a footpath in Barton On Sea, New Milton.

 

Members were shown a location plan of the area and it was confirmed that the claimed route commenced at the northern end of Farm Lane North, a private, unadopted road. The land over which the route ran was owned by a resident of Chestnut Avenue.

 

The background to the application was summarised, confirming how the original application had been submitted in 1978. A change in management and ownership had triggered the 2018 application and both were being considered together. There were current signs in place dating back to the 1970’s stating it was a private road.

 

Looking back at the history of the route, the earliest record was found to be from 1930, but in 1946 was not regarded as a public route according to County and Parish records.

 

There were two deputations for the item. Brian Sherrad and Peter Lock spoke as local residents.  Mr Sherrad said there was a desire for the access to be made public after the posts were put in place previously to prevent access. It was also felt that the history of the route was not accurately reflected in the historic documents. Mr Lock said how the route was not suitable for HGV’s, which reversed out of the road. In 2003/4 local residents worked to maintain the condition of the route at their own expense. Martin Blakey addressed Committee as the landowner and thanked officers for their investigation. Mr Blakey stated how there was a lack of consideration by drivers who used the route and the ongoing tensions regarding the use of the route had caused a great deal of stress to his family. Mr Blakey had offered to donate some of the land for a footpath.

 

Councillor David Simpson and Councillor Chris Carter declared personal interests as Members of the Fire Authority following Mr Martin Blakey stating he was an ex firefighter. Both Members confirmed that they did not know Martin Blakey in any capacity through HFRS.

 

During questions of the deputations, it was clarified that Mr Blakey’s garage access started before the posts shown in the photos of the route.

 

During questions of the officer, the following points were clarified:

·         New Milton Parish Council had made no formal comment on the application; and

·         The maintenance would fall to Hampshire County Council but only as a footpath.

 

Members were content with the application and reasons for recommending approval.

 

RESOLVED:

Authority was given for the making of a Definitive Map Modification Order to record a footpath with a width varying between 4.3 metres and 4.7 metres, as shown between Points A and B in the appendix supporting the report.

 

Voting:
Favour: 14

Against: 0

Abstentions: 1