EXPLANATORY STATEMENT
The Oxfordshire County Council, Rotherfield Peppard Bridleway No. 14 (part),
Public Path Diversion and Definitive Map and Statement Modification Order 2024
The Oxfordshire County Council, Sonning Common Bridleway No. 16,
Public Path Creation and Definitive Map and Statement Modification Order 2024
THIS STATEMENT PROVIDES BACKGROUND INFORMATION AND DOES NOT FORM PART OF THE ORDER
Oxfordshire County Council has powers to make Orders to divert and create public rights of way under sections 119 and 26 of the Highways Act 1980 respectively. The diversion Order is made in the interests of the owner of Blounts Farm, The diversion is shown on Order plan HA1980/ 807b /03784. The creation Order is made because it appears to the Council there is a need for a bridleway in the parish of Sonning Common and is shown on Order plan HA80 807c/03784.
Blounts Farm lies to the east of Sonning Common village and south of Rotherfield Peppard. Br14 runs generally NE – SW through the farm business complex which consists of small businesses, associated car parking, storage and show areas. It terminates at the junction of the access road with Blounts Court Road opposite Fp11. The NE continuation of the bridleway toward Rotherfield Peppard is unaffected by the diversion. The existing route is shown on the Order plan as the length A – B – C – D.
On 23rd October 2023, South Oxfordshire District Council (SODC) granted approval under P21/S1848/FUL for Refurbishment of Buildings 12 and 13 for storage use with ancillary offices (4 units); Replacement of Building 4; Refurbishment of Buildings 14 for storage use with new archway feature linked to Building 4; Erection of Building 1 for office use; Change of use of Units 2-3 (Dutch Barn) to provide storage and distribution of gas bottles and storage and construction of outdoor structures; Change of use of land opposite Units 2-3 to display of outdoor structures; Provision of parking for proposed new uses – Part Retrospective. (As amplified by additional information received 19 July 2022 and 15 August 2022 and as amplified by plan received 1 December 2022 and 16 January 2023 and as amplified by proposed bridleway plan submitted on 11 May 2023.) Subsequently, on the 29th April 2024, SODC granted Discharge of conditions 3 (Cycle Parking), 6 (Lighting), 7(Tree Protection), 8 (Biodiversity Mitigation and Enhancement Strategy) and 11 (Public Right of Way Details) on application ref. P21/S1848/FUL (Refurbishment of Buildings 12 and 13 for storage use with ancillary offices (4 units); Replacement of Building 4; Refurbishment of Buildings 14 for storage use with new archway feature linked to Building 4; Erection of building 1 for office use; Change of use of Units 2-3 (Dutch Barn) to provide storage and distribution of gas bottles and storage and construction of outdoor structures; provision of parking for proposed new uses Part Retrospective).
Under Condition 11 of P21/S1848/FUL, the owner of Blounts Farm was required to implement an application to divert the bridleway to the E and SE of the farm. Since planning permission is in part retrospective, s257 of the Town and Country Planning Act 1990 (which provides for a public right of way to be diverted to enable development to go ahead) cannot be used and so the owner applied to the County Council to divert the bridleway under the Highways Act.
The new route (shown on the plan as the length A – E – F – G – H – D) runs from the same point on the bridleway N of the farm complex (Point A) across a field (Points E – F – G), through a tree belt (Point G) and across a small grass field to return to the Blounts Farm access road at Point D. The new route provides views of open countryside when walking across the larger field compared to the existing route between hedges, business units and car parking. Since the route avoids the businesses with its associated traffic, the diversion increases safety for path users who when returning to Sonning Common from Point D will have the advantage of better visibility of traffic in all directions. Equestrians especially can wait within the field off the access road whilst traffic passes or turns.
The width of the bridleway will be 4m, one half being grass the other with a subbase and consolidated dust surface. The existing soil bund at the edge of the field at Point G will be levelled. The length of the existing path is 328m whereas the new route is 357m. The gradients of both existing and proposed routes are similar.
The landowners have offered a new public bridleway linking the diverted bridleway to a further access point J along Blounts Court Road to improve connectivity when using the path network and for public safety. The new route is shown as G – I – J on the creation Order plan.
The southern termination of Br14 on Blounts Court Road (Point D) requires equestrians and cyclists wishing to make journeys to the SE to first use the bend in the road which has no verge and has poor onward visibility. The creation of the bridleway to Point J will enable these users to avoid the bend and emerge on the road on a straighter section of the road with better visibility. Walkers wishing to head SE from Point D to reach Fp10 currently need to cross the road to Fp11, walk SE along Fp11 and then re-cross the road to Fp10. The new bridleway would instead form a direct link for walkers making that journey, obviating the need to cross the road twice. Those walkers heading from Br14 to Fp11 could choose to only cross the road once from opposite Fp10 as they could walk from Point G on the diverted Br14 along the new bridleway and cross the road from Point J. The new route would therefore provide many benefits in terms of route options and public safety. The width of the new route is 4m along an existing farm track that is grassed.The Council will install waymarker posts and metal finger posts leading to the new bridleways where they leave Blounts Court Road. The landowners will ensure the diverted path is in a suitable condition for public use before the Council certify the works and bring the new route into effect.
In conclusion, the aim of the diversion A – B – C – D is to enable the landowner to divert the path from Blounts Farm and the creation of the new bridleway G – I – J is to provide safer public access to the path network by avoiding part of Blounts Farm Road. A direct link for walkers wishing to link between Fp10 and Br14 would be created. The diversion and creation Orders are concurrent Orders and will be confirmed together such that they simultaneously divert the existing Rotherfield Peppard Br 14 and create the new bridleway.
The Council has consulted with key interest groups and the parish council. No objections have been raised. It appears to the Council that the Orders comply with the legal provisions contained in the Act and that it is expedient that the public rights of way should be diverted and created. The making and advertising of the Orders provides an opportunity for objections or representations to be made. Any responses must be received by the date set out in the Notice. The Council will then consider how to proceed. If any objections are made and not withdrawn, the Council may refer the Orders and objections to the Secretary of State for Environment Food and Rural Affairs for determination. An Inspector from the Planning Inspectorate will then either take written representations or hear the objections at a Public Inquiry or Hearing. The Inspector can confirm the Orders, confirm them with modifications, or refuse to confirm the Orders. If no objections are received the County Council may confirm the Orders itself, but it has no power of modification. The right of an objection to an Order is a statutory right, but it should be exercised in a reasonable manner. The costs involved in dealing with objections to Orders may be awarded against objectors in cases of unreasonable behaviour.
Further information about public path order procedures and the relevant legal provisions are available in our Guidance Notes at www.oxfordshire.gov.uk/modificationsanddiversions and Natural England’s ‘’A guide to definitive maps and changes to public rights of way’’ (reference NE112) at https://www.gov.uk/government/publications/definitive-maps-of-public-rights-of-way-change-the-legal-records.
Data Protection Act and GDPR: The County Council will consider all correspondence, objections and representations received in response to this order. They may be disseminated widely for these purposes and made available to the public.