HC Deb 14 February 1995 vol 254 cc614-5W
Mr. Madden

To ask the Secretary of State for Defence what procedures were used to effect the stopping up of a public footpath on each occasion in the last 10 years, to date, where the power under section 16 of the Defence Act 1842 was exercised to stop up a public footpath.

Mr. Soames

[holding answer Monday 6 February 1995]: During the last 10 years, the power conferred under section 16 of the Defence Act 1842 has been exercised to stop up a public footpath on two occasions. As far as can be ascertained from the available records, the procedures used were as follows: Footpath No. 43 (Darley) at Menwith Hill station, North Yorkshire. This footpath had apparently been out of general use from 1955 when the station was established; indeed, the station was unaware of its existence, and a building has been constructed across the route, which in any case ran through the secure area of the base. In the early 1980s the Ramblers Association became interested in re-establishing the right of way, and in view of the situation it was thought appropriate to re-provide the footpath across the north-west corner of the site, a short distance from the original route, but outside the secure fencing. The agreement of the local highway authority was obtained that the new route was reasonable. Footpath No. 31 at HMS Cambridge, Wembury, Devon. The stopping up of this footpath took place at a time when there was increased concern about the security risk to military establishments from the terrorist threat. The original line of the footpath ran through the establishment's administrative and accommodation area, around which a security fence had been established and the continuing threat to security from the footpath was deemed to be unacceptable. As at Menwith Hill, the new route was in fact slightly shorter than the original. Informal discussions were held with Devon county council footpath officers prior to the closure action being taken.

Mr. Madden

To ask the Secretary of State for Defence on how many occasions in the last 10 years, to date, the power conferred under section 16 of the Defence Act 1842 to stop up public or private footpaths or bridle roads has been exercised; on each such occasion if he expressly authorised the stopping order to be made; on each such occasion who signed the stopping up order; what was the exact geographical location of the footpath or bridle road in question; and if he will make a statement.

Mr. Soames

[holding answer Monday 6 February 1995]: During the last 10 years, the power conferred under section 16 of the Defence Act 1842 to stop up public or private footpaths or bridle roads has been exercised on five occasions. Although, due to the passage of time, file records are now incomplete, ministerial approval is normally sought on each occasion and the orders are signed by the head of what is now the Defence Lands Service. The information specific to each case is as follows: At RAF Molesworth, Cambridgeshire, on 5 February 1985. The route in question was part of bridleway number 28 in the parish of Brington and Molesworth, between GR50702 27665 and GR50680 27779. At Menwith Hill station, North Yorkshire, on 1 October 1985. The route in question was part of footpath number 43 in the parish of Darley, between GR42005 and 45776 and GR41996 45719. At RAF Molesworth, Cambridgeshire, on 18 November 1985. The route in question was part of bridleway number 27 in the parish of Brington and Molesworth, between GR50858 27694 and GR50868 27710. At RAF Upper Heyford, Oxfordshire, on 30 July 1990. The route in question was part of the Portway (bridleway number 1) in the parish of Upper Heyford, between GR45050 22647 and GR45051 22669. At HMS Cambridge, Wembury, Devon, on 3 December 1991. The route in question was part of footpath number 31 in the parish of Wembury, between GR24987 04873 and GR25022 04882.

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