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
description.
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.