Meeting documents

To consider a report by the Service Director – Highways (attached).

The Committee considered a report by the Service Director – Highways which set out details of an application to divert parts of Footpaths 11 and 29, Mappowder at Lower Thurnwood Farm, as shown on Drawing 16/04 accompanying the report. As Lower Thurnwood Farm was part of the County Farms Estate there was an obligation for Public Path Order applications affecting Dorset County Council owned land to be considered by the Committee as a matter of practice.

With the aid of a visual presentation, and having regard to the Update Sheet appended to these minutes, the basis for the application and

what it entailed was explained. Photographs and plans were shown to the Committee by way of illustration showing the footpaths proposed to be diverted, their character and setting within the landscape and the points between which they ran.

The reasoning for the application was to regulate the practicalities of accessing and traversing the land in and around the farm, given that farm buildings and facilities obstructed the routes, as they stood.  The proposed diversion was therefore beneficial to the landowner in how the farm was able to be managed and operated.

Clarification was provided by the Solicitor that rights of way and access considerations were the determining factors on which the Committee should base their decision, with economic considerations playing no part in any decision.

The support for the proposals from the County Councillor for Blackmore Vale, Pauline Batstone, was drawn to the attention of the committee.

Having taken into account the details contained in the Director’s Report, the points made by officers and the practical reasons for submission of the application, on being put to the vote, the Committee considered that the application should be accepted and an Order made accordingly.

Resolved

(a)    That the application to divert part of Footpath 11, Mappowder from A – B – C to A – E – F – G – H – C and part of Footpath 29, Mappowder from B – D to C – I – J – K – D as shown on Drawing 16/04 be accepted and an order made;

(b)    That the Order include provisions to modify the definitive map and statement to record the changes made as a consequence of the diversions; and

(c)    If the Order was unopposed, or if any objections were withdrawn, it be confirmed by the County Council without further reference to the Committee.

Reasons for Decisions

(a)       The proposed diversions met the legal criteria set out in the Highways Act 1980.

(b)       The inclusion of these provisions in a public path order meant that there was no need for a separate legal event order to modify the definitive map and statement as a result of the diversion.

(c)       Accordingly, the absence of objections might be taken as acceptance that the proposed new routes were expedient and therefore the County Council could itself confirm the order.       

Decisions on applications for public path orders ensured that changes to the network of public rights of way complied with the legal requirements and achieved the corporate plan objectives of:

Enabling Economic Growth

·             Work in partnership to ensure the good management of our natural and historic environment

·             Work with partners and communities to maintain cycle paths, rights of way and disabled access

·             Encourage tourism to our unique county

·             Support community transport schemes

Promoting Health, Wellbeing and Safeguarding

·             Actively promote physical activity and sport Develop and maintain safe, convenient, efficient and attractive transport and green infrastructure that was conducive to cycling and walking

·             Improve the provision of, and access to, green, open spaces close to where people live

·             Before confirming a public path creation, diversion or extinguishment order a council or the Secretary of State must have regard to any material provision of a rights of way improvement plan prepared by the local highway authority. Dorset’s Rights of Way Improvement Plan sets out a strategy for improving its network of Public Rights of Way, wider access and outdoor public space.