Decision details

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.