6(iii)
BOROUGH OF POOLE
BROADSTONE, MERLEY & BEARWOOD AREA COMMITTEE
7th FEBRUARY 2007
REPORT OF HEAD OF TRANSPORTATION SERVICES
MODIFY THE DEFINITIVE MAP TO ADD A PATH IN HARVEY ROAD, MERLEY
1.
Purpose of Report and Policy Content
1.1
To consider the modification of the Definitive Map and Statement of public
rights of way to add a footpath or bridleway.
1.2
Improving public satisfaction with footpaths is a key transportation objective.
1.3
Adding an off-road public bridleway or footpath relates to ‘Striving for
Excellence’ priorities “clean, green and safe” and “health and well-being.”
2.
Recommendations
2.1
It is recommended that:
i)
A Definitive Map Modification Order is made and advertised to show
Harvey Road as a bridleway and update the Definitive Statement to
describe the route.
ii)
That any objections are considered in line with item 7.
3.
Information
3.1.
The Council, as a surveying authority, has a duty to make modification orders
to take account of events requiring the Definitive Map to be modified (s53
Wildlife and Countryside Act 1981) for example evidence that a path should
be added to the map. A modification order is solely based on evidence.
3.2.
A Definitive Map Modification Order involves advertising the proposed change
on site and in local newspapers, consulting with statutory user groups and
consultees, statutory undertakers and all affected landowners.
3.3.
If no objections are received the order can be confirmed which involves
advertising the change with an appeal period. Statutory consultees and the
Ordnance Survey are notified. If no appeals are then made the map is legally
changed and the GIS working copy of the Definitive Map used for Local Land
Charge searches is updated.
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4.
Background
4.1.1 The path was recorded during the draft mapping process in the 1950’s and
1960’s as Public Right of Way Footpath 28 from Arrowsmith Road and to
Merley Lane. This was then upgraded to a bridleway.
4.1.2 A ‘severed’ section of path was closed to all traffic following a magistrates
order on 14 October 1976 pursuant to s108 of the Highways Act 1959 to stop
up Harvey Road from its junctions with the "Southern Perimeter Road " ( Now
Queen Anne Drive) in a northerly direction to it's junction with Merley Lane on
the grounds that it is unnecessary. As shown in Appendix A. Presumably this
was due to the construction of Queen Anne Drive.
4.1.3 It is submitted that following formal closure of the path the path was not
physically closed and access by foot and on horse continued. If that use was
for 20 years without force, secrecy or permission then public rights may have
been acquired and the path should be added to the definitive map as a
bridleway (as described in Appendix B and shown in Appendix C).
5.
Current Situation
5.1
The application received is to add path from Lynwood Drive to Merley Lane as
described in Appendix B and shown in Appendix C.
5.2
There is a staggered barrier at the entrance with a gap of 1.5m. The path is
overgrown from adjacent properties and upgrowth on the path. There are no
notices to say that use is by permission of the landowner or that there is no
public right to use on foot or horse.
5.3
There are no ‘s31(6) Highways Act deposit or declaration by any landowner on
file to say they do not intend to dedicate a public right of way.
5.4
The land is unregistered so the landowner is not known. Notices of the
application were erected between 9th November 2006 and 21st December
2006.
5.5
Evidence has been submitted by 8 Members of the public who testify to using
the path from as early as 1946 to the present day (Appendix D). Interviews
were arranged with 5 witnesses who stated that there were no notices saying
access was not permitted, they have never been challenged using the route
and did so openly without force, secrecy or permission of a landowner.
5.5
A witness reports riding the route on horse for 32 years and the application is
therefore for a bridleway which would record the acquired rights to walk and
ride the route. If formally recorded as a bridleway then cyclists would also be
able to legally use the route. The route appears to be sufficiently wide for such
use although Councillors must only consider the decision on evidence of use.
6.
Financial Consideration
6.1
The costs of legal work and advertisements will be met from within existing
budgets.
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6.2
The practical work requirements to make the path fit for use are vegetation
clearance. This would be met from any Rights of Way Budget from the Capital
Programme 2007/08.
6.3
Members must make a ‘quasi-judicial’ decision and must only consider if a
public right has been acquired through the evidence of use and not any
maintenance or vegetation clearance cost implications.
7.
Consideration of Objections
7.1
If no objections are received, the order can be confirmed
7.2
If objections are received which can be resolved by Officers then the order
can be confirmed
7.3
If objections are received and not withdrawn the matter will be referred to full
Council under current delegations to decide whether to pursue the matter to
written representations or public inquiry.
STEVE TITE
Acting Head of Transportation Services
Appendix A: Plan showing BR28 and the stopped up section
Appendix B: Path description (for the Modification Order)
Appendix C: Plan showing the Modification to Add footpath/bridleway Harvey Road
Appendix D: Summary of Evidence submitted
Appendix E: Summary of Pre-Order consultation
Name and Telephone Number of Officer Contact:
Kathy Saunders (01202 262051)
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Appendix B: Description of path to be added
The route starts at its junction with Lynwood Drive at National Grid Reference SZ
2569 980120, shown as point A on the map. Heading north east for approximately 8
metres along a 2.1 metre wide route leads to a staggered barrier at National Grid
Reference SZ 2574 980210, point B on the map. The barrier has dimensions of 2.1
metres on entrance, 1.5 metres when passing through and 1.1 metres on exit.
Continuing in a northeasterly direction along the 7.5 metre wide route between
boundaries (used width 2m) for approximately 43 metres through a covered, wooded
section leads to point C on the map at National Grid Reference SZ 2592 980640.
From this point, the route alters slightly to take a more easterly approach towards its
junction at Merley Lane for approximately 78 metres at 7.5m wide between
boundaries (cleared used width 2m), ending at point shown as D on the map at
National Grid Reference SZ 2569 980120. The total length of the route from
Lynwood Drive to Merley Lane is therefore estimated to be 138 metres with a used
width of 2m, 7.5m between boundaries.
Limitations
Staggered Barrier with a gap of 2.1, 1.5 and 1.1 metres.
Conditions
None
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350
Appendix C: Plan of ‘Harvey Road’ Merley from Lynwood Road to Merley Lane
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El Sub Sta
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APPROXIMATE SCALE 1:1250
Bridleway to add to the Definitive Map
This material has been reproduced from Ordnance Survey digital map data with the
permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.
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APPENDIX D: SUMMARY OF USER EVIDENCE TO ADD PATH
Name
Colin Alborough
David Brown
Pat Gaulton
Ralph Habgood
Peter Morris
Erika Bartlett
Stephen Day
Peter Impett
Period of Use
24 years
29 years
32 years
60 years
25 years
22 years
28 years
25 years
Frequency
Once a fortnight
Few times a week
Twice a week
Once a week
Few times a year
Twice a week
Once a month
Once a fortnight
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Mode (foot/horse)
Foot
Foot
Horse
Foot
Foot
Foot
Foot
Foot
APPENDIX E: SUMMARY OF PRE-ORDER CONSULTATION
Person or group consulted
Ward Councillor Leo Belcham
Ward Councillor Jane James
Comment
Many residents use it frequently and
have complained how it has become
overgrown
I am totally in favour of this being a
footpath/bridleway
The RA welcomes the application and
would not object to its classification as a
bridleway
-
Ward Councillor Catherine Hives
The British Horse Society
The Ramblers Association
The Open Spaces Society
Cyclists Touring Club
Autocycle Union
The British Driving Society
Transco
Cable & Wireless
Southern Electric Contracting Ltd
Southern Gas Networks
British Telecom
Wessex Water Plc
Bournemouth & West Hants Water
Adjacent Property Owners
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