§ Mr. DenhamTo ask the Secretary of State for Transport (1) what action has he taken to ensure that the rights of public access and passage along the lichen navigation and its towpaths between Winchester and Shawford are protected during works associated with the construction of the M3, Bar End-Compton; on what dates relevant legal notices were published; and if he will place copies of the notices, and responses, in the Library;
(2) what public rights of access and passage exist along the Itchen navigation and its towpaths on the section between Winchester and Shawford.
§ Mr. Kenneth CarlisleI am advised that the lichen navigation is in law a navigable waterway, but that the extent of rights of access and passage along it and its towpaths is not clear.
Much of the Itchen navigation has become silted up so that navigation is not practicable. Nevertheless, following public inquiries in 1985 and 1987–88, my Department has taken statutory powers po divert the Itchen navigation and has undertaken to carry out the diversion works, which will make it navigable, as part of any future restoration of the navigation as a whole. Pending such restoration, a 1.8 m culvert is being provided under the M3 and the diverted B3335 to maintain the flow of water along the existing watercourse in accordance with the decision letter of 20 February 1990. I am not aware of any requirement to publish legal notices in connection with this work.
I am satisfied that the work currently being carried out together with the powers taken to divert the navigation and the undertakings that have been given adequately protect the public rights.