Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
(a) The Dorset Council (Public Footpath No. 5, Beaminster) Public Path Diversion Order 2019 be formally abandoned; and
(b) There will be no refund to the applicant of any costs associated with the Order
(c) If a new application to divert Footpath 5 Beaminster under Section 119 of the Highways Act is not submitted within 6 months of the date this report is signed, Dorset Council may take enforcement action to reopen the definitive line of Footpath 5, Beaminster.
Approved for the Dorset Council (Public Footpath No. 5, Beaminster) Public Path Diversion Order 2019 be formally abandoned
(a) Dorset Council cannot confirm opposed orders but may submit them to the Secretary of State for an Inspector to be appointed to consider confirmation. However the Order cannot be confirmed because as the development is substantially complete the Secretary of State has no power to confirm the Order.
(b) The applicant is responsible for ensuring that the development is not complete or substantially complete until after the Order has been confirmed.
(c) Under the Highways Act 1980, Dorset Council has a duty to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including all public rights of way.
Publication date: 13/01/2023
Date of decision: 05/01/2023