Decision details

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.