Meeting documents

To consider a report by the Service Director, Environment, Infrastructure and Economy.

The Committee considered a report by the Service Director Environment, Infrastructure and Economy on an application to divert part of Footpath 34, Corfe Castle at Corfe Castle Primary School, as shown from V1 – V – W – X – Y to Z – Y on Drawing 18/26/1 in the report. As Corfe Castle Primary School was owned by Dorset County Council, Public Path Order applications affecting County Council owned land, whether or not objections were received to the pre-order consultation, were considered by the Regulatory Committee.

With the aid of a visual presentation, the basis for the application and what it entailed was explained. Photographs and plans were shown to the Committee by way of illustration, showing how the footpath was being proposed to be diverted; its current characteristics and those associated with its setting within the landscape; the points between which it ran; and the characteristics of the alternative route being proposed. 

The reason for the application being made was because it ran through the Primary School and was obstructed by the school’s hard court. The footpath crossed land owned by Corfe Castle Primary School and The Castle Inn public house, with the proposed diversion being beneficial to both affected landowners as the current footpath crossed the corner of the Castle Inn’s garden and car park as well as the school.

Officers confirmed that the proposed diversion would have no effect on the enjoyment by the public of the route as a whole and was expedient in the interests of the landowners. In practice there were several other public footpaths through the playing fields and a usable route had always been available. Moreover, the section of Footpath 34 between points V1 and V had also been recorded as part of Footpath 19 and, therefore, the proposed diversion would resolve that instance of dual recording. 

On that basis, officers were satisfied that the application to divert part of Footpath 34, Corfe Castle met the necessary tests set out under the Highways Act 1980 and therefore should be accepted and an Order made.

The Committee were then provided with the opportunity to ask questions of the

officer’s presentation and officers provided clarification in respect of the points raised

including about use of the footpath.

The Committee were informed of what consultation had taken place and what measures to actively manage the process had been put in place as a result of the responses received to this. Furthermore, the County Councillor for South Purbeck, Cherry Brooks, supported the officer’s recommendation.

Having had an opportunity to consider the merits of the application; having understood why the application was necessary; having taken into account the officer’s report, what they had heard at the meeting from the case officer and legal advisor, the Committee were satisfied in their understanding of what the application entailed and that the necessary statutory tests had been met. On that basis - and on being put to the vote - the Committee agreed that the application should be approved on the basis of the recommendation contained in the officer’s report.

Resolved

1)That the application to divert part of Footpath 34, Corfe Castle from V1 – V – W – X – Y to Z – Y be accepted and an Order made; 

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

3) That if the Order is unopposed, or if any objections are withdrawn, it be confirmed by the County Council without further reference to the Committee.

Reasons for Decisions

1)The proposed diversion met the legal criteria set out in the Highways Act 1980. 2)The inclusion of these provisions in a public path order means that there is no need for a separate legal event order to modify the definitive map and statement as a result of the diversion.

3) Accordingly, the absence of objections may be taken as acceptance that the proposed new route is expedient and therefore the County Council can itself confirm the order. 

Decisions on applications for public path orders ensure that changes to the network of public rights of way comply with the legal requirements and supports the Corporate Plan 2017-19 Outcomes Framework: People in Dorset are

Healthy: 

• To help and encourage people to adopt healthy lifestyles and lead active lives

• We will work hard to ensure our natural assets are well managed, accessible and promoted. 

Dorset’s economy is Prosperous:

• To support productivity we want to plan communities well, reducing the need to travel while ‘keeping Dorset moving’, enabling people and goods to move about the county safely and efficiently 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.