Decision Maker: Corporate Director of Environment
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The opposed Diversion Order is to be referred
to the Secretary of State (SoS) for resolution and that the
Authority is to support the confirmation of the Order within its
submission to the SoS.
It is considered that the Diversion Order if
confirmed would offer legitimate benefits for the applicant’s
estate, the new owner of the property and adjoining landowner, and
would provide an improved footpath for the public. In addition, the
process would resolve a long-standing issue of the legal line of
the footpath having been obstructed by the cottage and garden for
possibly as long as 70 years. Further it is considered that the
sole objection does not raise sufficient legislative criteria to
merit the non-confirmation of the Order.
The alternative options would have been to
abandon the Diversion Order without making any submission to the
SoS, or referring it to the SoS without support for the
confirmation of the Order. As the proposed alteration of the
footpath is beneficial to the landowners, and is not substantially
less convenient to the public there is no justification for
abandoning the Order. It is considered that there is also benefit
to the users of the path and resolves a long-standing issue
therefore there is no reason why the Authority should not support
the confirmation of the Order.
Publication date: 22/03/2024
Date of decision: 15/03/2024
Accompanying Documents: