Decision details

Public Path Order and Definitive Map and Statement Modification Order Town and Country Planning Act 1990, Section 257 and Paragraph 1 Of Schedule 14 Wildlife and Countryside Act 1981 Section 53a (2) Parts of Footpaths

Decision Maker: Officer Delegated Decision

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Reason(s) for Decisions:

 

A footpath order was made on 11 June 2019 to stop-up and divert parts of footpaths 8 and 9 in Wimborne Minster. This followed the grant of planning permission for development of land adjacent to St. Julians Road and Cowgrove Road and the River Stour.

Following publication of the footpath order representations were received objecting to the stopping-up and diversion. In response to the objections received, officers have agreed under delegated powers to withdraw the 11 June 2019 order and make a new order proposing an amended route.

The amended route takes into account some of the reasons for the objections, particularly concerns that (under the 11 June order) users would have been required to walk about 200 meters along Cowgrove Road in order to gain access to the proposed alternative footpath. The new order is illustrated on the attached map, and would not require users to make a diversion along Cowgrove Road. The new order also includes an additional, relatively minor change, to provide for a more direct route to the proposed riverside footpath from Old Road.

Decision Maker (Name and Title):

 

Anna Lee, Service Manager for Development Management and Enforcement

 

Alternative options considered and rejected:

 

No alternative options considered.

Decision:

Decision:

 

1. Dorset Council withdraws the order made on 11th June 2019 under section 257 of the Town and Country Planning Act 1990 to stop-up and divert parts of footpaths 8 and 9, Wimborne Minster.

2. Dorset Council makes a new order under section 257 of the Town and Country Planning Act 1990 to stop-up and divert parts of footpaths 8 and 9, Wimborne Minster, as shown on the attached plan.

3. The Definitive Map and Statement is modified by the order under section 53A (2) of the Wildlife and Countryside Act 1981, and the Definitive Statement modified as described in Part 3 of the Schedule to the order.

 

3. In the event that objections are received to the order that cannot be resolved, it is submitted to the Planning Inspectorate for determination.

This decision has been taken under delegated powers by a nominated officer identified in the Development Management local scheme of nomination. The text of the nomination is as follows: All matters relating to the management of the Commons Register and the Definitive Map and Statement of Public Rights of Way under the provisions of the following Acts: National Parks & Access to the Countryside Act 1949, Highways Act 1980, Wildlife and Countryside Act 1981 Town and Country Planning Act 1990 Commons Act 2006.

Publication date: 25/11/2019

Date of decision: 01/11/2019