Decision details

Following discussions with the owner of Old Soldridge Farm in Medstead, Hampshire County Council proposes to make a creation order under Section 26 of the Highways Act 1980 to record public footpath rights between Medstead Footpath 21 and Ropley Byway Open to All Traffic 40 (as shown on the attached map). Historical Ordnance Survey maps indicate that until at least the early part of the 20th century, there was no continuous through route linking these two rights of way, and although the line of Footpath 21 was claimed by Medstead parish prior to the publication of the first definitive map, no continuation was claimed in Bighton. However, a well-established route has been in use for a number of years.

1.2 It was originally intended that this anomaly should be addressed via a voluntary dedication by the landowner (under Section 25 HA 1980), but although they are amenable to the proposal, the land within their ownership is not registered, thus making it difficult for the owner to prove title. As a result, it is considered that it will be easier for the County Council to create the rights via a legal order. The landowner has confirmed that they are agreeable to this approach. An alternative option of recording the route via a Definitive Map Modification Order (based on evidence of long use) is considered to be a less efficient mechanism than an Order under Section 26.

1.3 East Hampshire District Council, Ropley, Medstead and Bighton parish councils, and user groups have been consulted on the proposal. No objections have been received.