Decision Maker: Corporate Director of Business and Environmental Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The opposed Diversion Order be referred to the
Secretary of State (SoS) and that the Authority supports the
confirmation of the Order within its submission to the
SoS.
It would be in the interests of the main
property owner for the footpath to be moved from the current
alignment at the rear of his property to the publicly walked line
avoiding close proximity to the house. The applicant states that
the footpath as shown on the Definitive Map is going through his
property which was built circa 1820 and he maintains it must have
been drawn incorrectly on the original Definitive Map. The
applicant advises us that for as long as he has lived at the
property (approx. 40 years) the public have used the proposed
diversion order route. The long use of the proposed route by the
public supports the suitability of the route. The adjacent
agricultural landowner is also affected by the proposal, and had
agreed with the proposal in writing, as part of the initial
application.
The only options available to the Authority at
this stage in the process are to:
i) forward the opposed Diversion Order to the SoS for a decision to
be made on whether or not the Order should be confirmed, following
due process, or
ii) abandon the opposed Order, leaving the footpath on its current
legal alignment.
Publication date: 23/08/2021
Date of decision: 14/06/2021
Accompanying Documents: