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A DEVELOPER is facing legal action after blocking a footpath in Basingstoke with a new home.

Persimmon Homes has been served with a legal notice by Hampshire County Council because the foundations of one new house have run two metres across a footpath linking Old Kempshott Lane with Worting Road.

The company is building 60 homes as part of the Highfields development of 300 homes on former farmland off Old Kempshott Lane, Worting.

Basingstoke Ramblers Association complained to the county council after discovering the encroachment when they were forced to walk around the foundations during a ramble.

And following inspections by county investigators, a legal notice was issued on April 16.

Sarette Martin, environment media communications manager for Hampshire County Council, said: "The county council served a notice on the developer Persimmon under section 143 of the Highways Act 1980 requiring the removal of structures from the highway.

"It was sent to the company's registered office in York, and was legally served on April 16. The letter gives the company a month to remove the obstruction."

Persimmon says it is trying to sort out the problem and claims it is building "in accordance with the official development layout and land transfer".

Andrew Golawski, managing director of Persimmon Homes South Coast, said: "We are endeavouring to ascertain the reasoning for the apparent discrepancy between development and footpath locations, with a view to resolving the issues with all parties concerned."

The matter has been raised by local Conservatives campaigning for the May 1 elections, including Basingstoke MP Maria Miller.

Mrs Miller said: "Quite rightly, the council are taking a strong stand.

"We have to make sure developers share our vision of Basingstoke and protect the community and the quality of life.

"Our footpaths must be preserved."

Kate Ashbrook, general secretary for conservation group the Open Spaces Society, said: "They must have known the path was there. Persimmon Homes hopes to sell this house, but clearly the foundations must be removed at once, and the path surface reinstated."

In a press release advertising the development, Persimmon Homes says it "lends itself perfectly to walking".

8:50am Tuesday 29th April 2008

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