The latest news in the CATS (Cycle Along The Shore) Campaign against the cycling ban on Locks Heath’s Warsash/Swanwick footpath.

It is now almost a year since the Council and Police erected No Cycling signs along the popular picturesque Warsash/Swanwick Hamble River footpath – officially known as Route 3a. Over the last few months CATS have campaigned for the removal of the signs and have made many interesting discoveries about the history of the path.

Contrary to what was initially assumed, most of the path is probably owned, not by Hampshire County Council, but by the Crown. Many years ago people used to come from Southampton in carts to collect water from a spring located near Brooklands. There was also an area just north of Brooklands Farm that was used as a beach for the river.

CATS have discovered that many of the adjoining properties along the northern end of the path have private rights to walk and to take animals and vehicles, including bicycles, along the route. They also have information suggesting that the path was made up to the current road by Fareham Borough Council. They are currently trying to establish if this is true and if it was at ratepayers cost. If you have any information you feel may be of help please let them know (Warsashcats@btinternet.com).

The southern end of the footpath forms part of the National Cycle Network. In the days before outboard engines when the ferry was a rowing boat, bikes used to be carried in the bow of the boat. The County Council still licenses the ferry to carry bikes, however they maintain that until the recorded status of the path is changed they cannot do anything to indicate that they accept cycling.

The best solution to the cycle ban had been deemed to be the voluntary designation of all or part of the footpath by the residents over whose land the path passes. However because of the probable objection of one particular landowner this is unlikely to be successful. The council is also unwilling to pursue voluntary dedication of part of the route unless there is a clear exit to a public highway.

Another choice is to designate the path a restricted byway, which would allow use of the footpath by foot, horse or any non-motorised vehicle. This would almost certainly involve a public enquiry however and the legislation seems heavily weighted in favour of landowners. The weight of evidence is a key factor and CATS are still urging anyone who has used the footpath to complete an evidence form.

The Footpath User Evidence form is available here. This needs to be downloaded, printed and filled in, then returned to:

Hampshire County Council, Rights of Way Section, Room 200, Mottisfont Court, High Street, Winchester, SO23 8ZF.

You can also add to the evidence by emailing the CATS petition on Warsashcats@btinternet.com, giving your name, your postcode, the year you began to cycle along the Hamble River path and the number of times you use it each year.

So far in the campaign a total of 187 user evidence forms have been submitted to Hampshire County Council. This is more than for any other disputed path in Hampshire.

Note that it is NOT a CRIMINAL offence to cycle the path unless you are cycling with reckless abandonment. Anyone cycling the route should be aware that they may be committing a civil offence of trespass against the landowner unless they could show that cyclists have a right to cycle the path either under common law or under the principle of presumed dedication. Although CATS consider it unlikely that a landowner would attempt to prosecute anyone for trespass.