Issue - meetings

To note the change in the legal processing of the diversion of Public Footpath No’s 10 and 29 in the Parish of Wincle

The Committee received an information report on a change in the legal processing of the diversion of Public Footpath Nos. 10 and 29 in the parish of Wincle.

In paragraphs 10.2 and 10.3 of the report it should have said Public Footpath No. 29 in the parish of Wincle and not Public Footpath No.10.

The Committee, at its meeting on 11 March 2013, resolved that an Order be made to divert parts of Public Footpaths No.10 and 29 in the parish of Wincle.  Upon making the Orders it was noted that the diversion route for Public Footpath No.29 would take the route along Minn End Lane, which was an existing Highway.  Legally this was unacceptable since a public footpath cannot be diverted onto an existing highway.

To rectify this situation it was proposed that this section of Public Footpath No.29 be extinguished under section 118 of the Highways Act 1980.  This is a legal administrative processing change and did not affect the changes on the ground for this path that was approved at the March committee meeting.  The principle objectives of the diversion remained the same and the walking enjoyment/experience of users remained the same.

RESOLVED:

That the report be noted.