Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Reason for Decision
Section 119 of the Highways Act 1980 provides that the Council may divert a public path in the interests of the landowner, occupier or lessee of the land, or where it is in the interests of the public. In making this order the Council’s officers are satisfied that it appears expedient that the path should be diverted on the grounds that it is in the interests of the landowner.
It is considered that the proposed diversion meets the criteria set down in the Highways Act 1980 and that the proposed route is an acceptable alternative footpath. The end points of the diverted section of the path are on the same highways as at present and are substantially as convenient as at present. The alternative path would not be substantially less convenient to the public in consequence of the diversion and would not have undue effect on the public’s enjoyment of the path as a whole. No objections were received during the statutory period to allow for responses and the Order can therefore be confirmed.
That the Council confirms the public path diversion order made on 23rd July 2019 under section 119 of the Highways Act 1980 to divert footpath 14, Lydlinch as outlined in the attached report and shown on the accompanying plan. That 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.
Publication date: 18/06/2020
Date of decision: 18/06/2020