Decision details

To refer the opposed Diversion Order to the Secretary of State for resolution, and within its submission to the Secretary of State the Authority to take a neutral stance towards the confirmation of the Order.

Although it is the general practice of the Authority not to pursue the confirmation of substantially opposed Public Path Orders, in this instance there has been an extraordinarily high level of public interest and engagement with this proposal, fairly equal in terms of support and opposition. It is perceived that if the matter were to be abandoned at this stage issues would continue at the locality. A decision made by the SoS would give greater finality to the matter whatever the outcome, and it would be inconsistent for the Authority to actively support the confirmation of this Order at this stage, given the previous decision to abandon the previously made Order.

Other options considered were :
• the abandonment of the opposed Order. This was rejected as it did not allow the same level of ‘closure’ to the matter that should be achieved by allowing the SoS to make the ultimate decision.
• Within any submission to be made to the SoS for the Authority to positively support the confirmation of the order. This was rejected as it would be inconsistent with the decision made regarding the previously made and then opposed Order which was abandoned.