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Agenda Item No. 6(d)
Rights Of Way Committee
25th February 2008
Highways Act 1980 Section 119
Plaistow: Proposed Diversion of part of Footpath 621
Report by Director for Environment & Development
Executive Summary
A request for the diversion of part of public footpath 621 has been received from the
owners of Sparrwood Farm, Plaistow. The path passes through the derelict farmyard
and close to the disused farmhouse. The owners are building a new larger house
and extending the gardens in the vicinity of the path which, in its present position
they consider, would have an impact on the privacy and security of their new home.
They would like to divert the path to a more easterly field edge route away from the
buildings. Beyond the farmyard there is a discrepancy between the definitive line
and the route that has been used by walkers for some years. The Definitive Map
records a line within woodland whereas the used route, over a substantial length, is
on the field edge. The applicants would be willing to extend the diversion to include
this unofficial route, which would legally secure a very pleasant and well used path
for future use. Paragraphs 2.1 to 3.2 of this report refer.
The application is made under the provisions of Section 119 of the Highways Act
1980. Members are requested to refer to paragraphs 4.2 and 4.4 of the
County Secretary’s “Guide to the Law for the Rights of Way Committee”.
Conclusion
It would be in the landowners’ interests for the definitive line to be removed from its
present position close to their new house and from within the area that they plan to
develop as garden. The definitive path has an effect on the security of the site at
present and, it is reasonable to conclude, will have an effect on both security and
privacy when the property is occupied. The proposed new route offers a good
alternative that will link to bridleway 636 at a slightly more easterly point after
taking a straightforward field edge route across attractive countryside. The proposal
will also provide an opportunity to resolve a long outstanding anomaly on the
definitive map and secure a very pleasant well used route for public use. (Paras 5 to
6 of this report refer.)
It is concluded that the relevant tests set out in Section 119 of the Highways Act
1980 have been satisfactorily met.
Recommendation
That, following a reasonable period to allow the District Council to respond to the
consultation and subject to consideration of that response, an order be made under
Section 119 of the Highways Act 1980, to divert part of Footpath 621 and that the
County Secretary be authorised to take all steps necessary to implement the
proposal.
1. Introduction
An application for the diversion of part of footpath 621 at Sparrwood Farm,
Plaistow has been made by Mr and Mrs David Lyons.
2. Background
2.1 General Location and Description of the Definitive Route
Footpath 621 runs south from its junction with Bridleway 636 on the access
track leading to Sparrwood Farm. It runs between fields with banks and
hedges on both sides. It passes to the east of a farm building before
reaching the remains of the old farmyard where only one or two of the old
farm buildings remain. Sparrwood Farmhouse is situated a short distance
to the east of the path and is in a derelict condition.
Continuing south and curving to the east, the path passes close to the
remaining farm buildings and skirts around the garden from where there
would be some direct views towards the new house. To the south and east
of the buildings, the path runs along the southern edge of a narrow strip of
pasture adjoining woodland known as Sparrwood Hangar. At the northeast
corner of the field the definitive line enters the woodland and continues in a
direct line north eastwards, through quite dense undergrowth, on a route
that is not traceable on the ground. There is a steep cross-slope down to a
gullied stream and no evidence on the ground or in records that the path
has been walked on this line. Instead, a clearly waymarked and evidently
well used route exists on the southern headland of pasture skirting along
the northern edge of Sparrwood Hangar. The route passes through a
further three fields with open access to accommodate the path where it
crosses the hedge line. The path then enters the woodland and there is a
well defined track leading down to a sleeper bridge over a stream, where
the used route converges with the definitive line. The path continues north
eastwards through woodland towards the village of Plaistow.
2.2 The Present Situation
Sparrwood Farm is situated in a fairly remote location, more than a mile
down an unsurfaced track from the public road. The farmhouse has been
unoccupied for some time and is in a derelict condition. The applicants have
recently purchased the farm and have obtained planning permission for
demolition of the existing house and outbuildings and for the construction of
a new replacement dwelling. The new house, which is to be their family
home, is to be a substantial two storey house built in a traditional style and
materials on a green oak frame. It is currently under construction on a site
just to the north of the existing house and is programmed for completion
towards the end of 2008.
There are some direct views from the path towards the new house and the
garden, which although not extensive, is to extend out to include the area
crossed by the path. This means that the path will cross the new garden
and is likely to have a considerable impact on the applicants’ privacy and
enjoyment of their property.
3. Proposal
3.1 In order to reduce the impact of the path on the privacy and security of
their new home and garden, Mr and Mrs Lyons would like to divert the
length of path which passes close to the buildings onto a more easterly
route. It is proposed that the proposed path would leave Bridleway 636
from a point some 120m east of its present junction. An improved gating
arrangement will be provided to allow the new route to run south on the
eastern headland of a grazing field adjoining woodland. A gap will be made
in the hedge and a small plank bridge provided to allow the path to take a
direct line south along the eastern field edge. Extensive views will be
available across farmland especially to the south west, and the new house,
with it’s traditional style, will be an attractive feature in the landscape.
3.2 On reaching the southeast corner of the field adjacent to Sparrwood
Hangar, the landowners have undertaken to renew an old field gate to
provide access for the proposed path to turn north eastwards on the
southern field headland to follow the currently well used route. The
opportunity to extend the diversion to include the formalisation of the used
route is welcomed, ensuring that walkers will be able to continue to enjoy
this pleasant and very straightforward field edge route.
3.3 The route to be stopped up
From its junction with Bridleway 636 running generally south for
approximately 390 metres to Sparrwood Farm, then curving east and then
northeast along the southern edge of pasture for approximately 264metres.
The route then enters Sparrwood Hangar and runs on a direct line northeast
for 270metres to a point where a sleeper bridge crosses a ditch line.
3.4 The Proposed Route
From a point on Bridleway 636 some 120 metres east of the existing
footpath, running generally south, then curving slightly south east on an
eastern field headland for approximately 296 metres. The route then turns
northeast to run on a southeastern field headland with woodland to the east
for approximately 542 metres to the northeast corner of the field. The
proposed route enters woodland and, after approximately 58 metres,
rejoins the length to be retained at the sleeper bridge.
4. Consultations
Chichester District Council and Plaistow Parish Council have been consulted,
but their views not yet received. Members will be updated on this point at
the meeting. The Ramblers’ Association advises that it has no objection to
the proposed diversion at the farm buildings and welcomes the diversion
onto the field edge route.
5. The Grounds
The application to divert part of footpath 621 is made in the interests of the
landowners’ security and future privacy, which would be significantly
improved if the path were to be diverted onto the field edge route to the
east of the farm buildings.
6. The effect the diversion would have on the public’s enjoyment of
the path as a whole
Once the necessary works to improve gates has been carried out, the new
route will provide a straightforward and pleasant route across pasture with
attractive views across surrounding countryside. It will allow walkers to
avoid passing close to a private dwelling and garden. The diversion also
provides an opportunity for the currently well used route around the fields
to the east of the farm to be legally secured.
This is a reasonable diversion, which would not be inconvenient or less
enjoyable to users and would allow the outstanding discrepancy between
the definitive map and the route used on the ground to be resolved.
7. The costs and works necessary to implement the proposal
The applicants have undertaken to bear the cost of making and advertising
the diversion order together with any compensation which may become
payable. They will also carry out all necessary improvements to the gates
on the proposed route and provide a small ditch crossing at the point where
the new path crosses a hedge. Waymarking will be adjusted to indicate the
new route and the cost of the work charged to the applicant.
8. Crime and Disorder Act 1988 Implications
The effect of the diversion will be to remove the path from its present
proximity to the applicants’ house and garden. The Sussex Police Crime
Prevention Design Advisor has been consulted and any comments received
will be reported at the meeting.
9. The Human Rights Act, 1998 Implications
Article 8 of the European Convention safeguards the respect for family life
and home whilst Article 1 of the First Protocol concerns the non interference
with the peaceful enjoyment of private property. Both rights are subject to
conditions and interference with these rights may be permitted if the need
to do so is proportionate.
In this particular matter, the interests of those affected by the proposal
have been fully considered as have the relevant considerations which may
justify interference with particular rights. All of these are set out within the
body of the report and are examined in the context of relevant planning
considerations.
Kieran Stigant
Director for Environment and Development
Background Papers
a) Letter dated 26 April 2006 from Smiths Gore to the Environment & Economic
Policy Services Rights of Way Group.
b) Letters of Consultation dated 30 January 2008 from the Environment and
Economic Policy Service Rights of Way Officer to Chichester District Council,
Plaistow Parish Council, The Ramblers Association and The Sussex Police;
copied for information to The Open Spaces Society, The local County Council
Member and the County Local Committee for the area.
c) E mail message dated 5th February 2008 from the Ramblers’ Association to
the Environment and Economic Policy Services Rights of Way Officer.
Contact: Judith Grimwood, ext. 77619
