Issue details

This report will outline Rights requested to undertake works on Council land.

Last year the owner of Hope Lodge, 84 Fareham Park Road asked for confirmation that the rights they enjoyed over the Council’s bridleway at Fareham Park Road did not only relate to the property Hope Lodge but any development undertaken within the curtilage of the property.  The Council advised that the rights enjoyed over the bridleway did in fact extend to any development undertaken within the curtilage of the property.

The Solicitor for Mildren Homes who have contracted to purchase the site of Hope Lodge to construct 7 detached houses which had received outline planning consent has requested the following.  Their client require to undertake works on the bridleway in Council ownership to construct on part thereof the access road, which has also received outline planning consent to serve the 7 houses.  If these rights could not be obtained the planning permission for the access road and 7 houses cannot be implemented.

Following advice from the Southampton and Fareham Legal Services Partnership the solicitor was advised of the following.

The owners of Hope Lodge have no current right or entitlement to do any works to the bridleway and would need the Council’s consent to carry out the works requested to comply with the planning permission granted.  Hampshire County Council Countryside Service has no objection to the Council as owners of the bridleway entering into negotiations with Mildren Homes for the works they require to undertake to a section of the bridleway.  This is subject to the works proposed being agreed by HCC Countryside Service.

If approval to the works can be agreed this will be subject of a payment to the Council to reflect that without such agreement the development of the access road and 7 houses could not proceed.

Following negotiations to decide the payment required for the above rights the terms agreed are set out in the confidential Appendix A for the approval of the Executive.