Issue - meetings

To consider the application for the diversion of Public Footpath No. 17 (part) in the parish of Dodcott cum Wilkesley

The Committee received a report which detailed an application from Mr & Mrs C Sutton, Royals Green Farm (the applicant) via their Agents  - Land Planning, requesting the Council make an Order under section 119 of the Highways Act 1980 to divert part of Public Footpath No.17 in the parish of Dodcott cum Wilkesley.

In accordance with Section 119(1) of the Highways Act 1980 it was within the Council’s discretion to make an Order if it appeared to the Council to be expedient to do so in the interests of public or of the owners, lessee or occupier of the land crossed by the paths.

The applicant owned the land over which the current path and the proposed diversion ran.  The section of Public Footpath No. 17 to be diverted ran through a working farm yard where cattle were often corralled and fed, especially during the winter months.  This created a hazardous environment for walkers to pass through as the ground was covered in slurry and the walker was in close confinement with large livestock.  It was also a concern to the landowner that gates could be inadvertently left open.  The landowner also had planning permission to convert the barns into residential dwellings and the footpath would run across the gardens and driveways of two of these units and would at that stage create a privacy and security concern for the occupants.

The proposed new route would leave the road just slightly south of the current path and cross open pasture to the south of the farm buildings and enclosed slurry pit, then curve gently east north easterly to rejoin the existing footpath on a track to the east of the farm.  The path would have a recorded width of 2 metres throughout and would have two kissing gates – one at the road and another at a field boundary.

The Committee noted that no objections had been received to the proposal and considered that the new route would not be substantially less convenient than the existing route.  Diverting the footpath would be of benefit to the landowner, particularly in terms of current farm management and future development of the barns.  It was therefore considered that the proposed route would be a satisfactory alternative to the current one and that the legal tests for the making and confirming of a diversion order were satisfied

.RESOLVED:

1                   An Order be made under Section 119 of the Highways Act 1980, as amended by the Wildlife and Countryside Act 1981 to divert part of Public Footpath No. 17 Dodcott cum Wilkesley by creating a new section of public footpath and extinguishing the current path, as illustrated on Plan No. HA/026, on the grounds that it is expedient in the interests of the owner of the land crossed by the path.

2                   Public Notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of  ...  view the full minutes text for item 22