Footpath to Bridleway?

 

Start of new surface

FOOTPATH 29 – Could it be a Bridleway?

With the resurfacing of the lower few metres of Footpath 29 at Webbs Farm Close to Mill Springs Bus Bay and the rear Testbourne school gate, the question arises again as to whether the designation of the Public Right of Way should be amended from Footpath to Bridleway.

Archaic law

Currently Footpath 29 is restricted to foot use only and those using cycles or horses are prohibited. The law on the right of way is archaic and it can be argued not fit for purpose. 

Cyclists do not have a 'right of way' on public footpaths, but they are not committing a crime. They are committing the tort of trespass against the landowner, who is the only person who can seek a judicial remedy -– i.e. damages. 

The newly surfaced section of FP29

If you aren't doing any damage then all the landowner can do is ask you to leave. Should you refuse they can call the police and argue a case to have you removed. Realistically this doesn't very often happen!

And then? 

It will still remain a civil matter and the owner would have to pursue you for damages through the civil courts, a very expensive option.

However, regarding Footpath 29, there is a very strong historical case including some clear evidence that it served as a Bridleway in the past, serving local farms. This has led to a current application to have Footpath 29 officially, some would say correctly, designated as a Bridleway. 

Networks and links

From a cycling point of view designating the lower newly resurfaced part as a bridleway, or even as a shared use path, would make a lot of sense. The short resurfaced section joins into the new cycle route to Nun's Walk and Tufton and would provide a link for cycling to school (or even by horse should you wish to travel that way!).  Nun's Walk could also be designated as a Green Lane with access for light local traffic only, providing a safer access to the Test valley, Longparish and the National Cycle Network Route 246.

In addition if the upper unsurfaced section of Footpath 29 were designated as a bridleway, it could create a direct link to the Mill Springs sports pitches/open space as well as providing a route out into the countryside, again promoting active travel and tourism.

Winchester Road

This needs improvement
along Winchester Road

As a supplementary issue, some have called for the footway on Winchester Road between Webbs Farm Close and Micheldever Road to be improved.
Again this makes much sense and provide a much safer pedestrian and cycle route link to the town centre as well as to the Primary School. If the additional Mill Springs housing development takes place such a route would be highly beneficial, as well as it linking directly to the Tufton path.

Summary

In summary, development of a safer network for walking and cycling would greatly benefit the town. It would encourage use of 'greener' and 'active' travel for local school, shopping and business journeys, promote tourism and leisure activity, assist the climate emergency, reduce pollution and assist in reducing the congestion on the roads. These would also relate to some of the Neighbourhood Plan policies.

Designation of FP29 as a Bridleway would help enable all this.

And on horse use

Whilst this 'article' has focussed on cycling, a lot of recognition for the equestrian fraternity should be given particularly for their excellent work in making a case to Hampshire County Council for Footpath 29 to be officially designated as a Bridleway. Their strong case has been submitted to Hampshire County Council for consideration. Unfortunately it is a very long drawn out process. 

Let us hope it happens sooner rather than later.

A map showing suggested links and proposals to improve network: