Decisions made

That the proposed transactions be approved on the basis of:

a) Up to £25,000 for lease/rental costs
b) Up to £250,000 for sale or purchase capital cost.

1. That the Director approves the details of the CMS1799 Test Lane, Nursling/Southampton, as set out in this paper.
2. That the Director gives approval to procure, spend and enter into necessary contractual arrangements, in consultation with the Head of Legal Services, to implement this scheme, at a total estimated cost of £247k, to be funded from developer contributions (£168k) and Southampton Transforming City Funds (£79k).
3. That authority is given for the conversion of footways to shared use cycle/footway under Section 65/66 of the Highways Act 1980, as set out in the appendices to this report.

Bridgemary Library will temporarily close on Monday 2nd December to Wednesday 11th December inclusive. This will allow building work to be completed to fix the damage done to the entrance area. The notice period for this closure is just under four weeks which is less than the standard six weeks for councillors and four weeks for councillors.

1.1 That an Order is made under Section 119 of the Highways Act 1980, to divert part of Worldham Footpath 16b and Selborne Footpath 43.

1.1 That an Order is made under Section 119 Highways Act 1980, to divert parts of East Woodhay Footpath 26 and East Woodhay Bridleway 27.

This is an application made by a member of the public in 2018 to upgrade Tangley Footpath 12 to a Byway Open to All Traffic. The application is supported by historic documentary evidence that the applicant believes demonstrates that higher public rights should be recorded along the route.
Having considered the evidence submitted with the application, and undertaken additional research of historic documentary evidence, it is considered that there are insufficient grounds to record a BOAT along the route.
NB – the former owner of Whistler’s Farm, referred to in the Background Report disputes a number of assertions of the objector’s solicitor, reported in paragraphs 18 and 43 of the report. These assertions were included in a section of the report that summarised consultation responses received from interested parties – they are not attributable to, nor do they reflect the views of, the County Council.

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.