Decision details

Dorset Council (Parts of Footpaths 79 and 92, Weymouth at Curtis Fields) Public Path Diversion Order 2022 The effect of the order will be to divert parts of Footpath 79 and 92, Weymouth under the Town and Country Planning Act 1990 (‘the 1990 Act’).

The current definitive routes of Footpaths 79 and 92, Weymouth are affected by the development at Curtis Fields. The footpaths pass through several of the houses, gardens and new road layout. The proposed new footpaths run through the new development. It was agreed that a Section 38 agreement under the Highways Act 1980 would compensate for the loss of Footpaths 79 and 92, Weymouth through open fields by creating additional new footpaths through similar habitat.

An amendment is now made to an earlier delegated decision (15 July 2022) that the above order should not be confirmed until the agreement under Section 38 of the Highways Act 1980 has been signed between Betterment Properties and Dorset Council undertaking that additional footpaths become adopted highways within the Local Greenspace adjacent the development. The prior requirement for an agreement under Section 38 of the Highways Act 1980 is replaced by an agreement under Section 106 of the 1990 Act. (Decision taken is detailed within the Scheme of Delegation in the Council’s Constitution.)

Decision: Dorset Council (Parts of Footpaths 79 and 92, Weymouth at Curtis Fields) Public Path Diversion Order 2022

Following updated advice from legal services it is considered that a Section 106 of the 1990 Act between Betterment Properties and Dorset Council is a more appropriate mechanism to ensure that additional footpaths are dedicated as public rights of way within the Local Greenspace adjacent the development. That is because the precise routes of the additional routes are not yet known and an agreement under section 106 of the 1990 Act allows the precise routes of the additional footpaths to be agreed after the date of the agreement. This (s106) agreement will require the dedication of the footpaths once the precise routes have been agreed.

This would replace the requirement for a Section 38 agreement of the Highways Act 1980 which would require the precise routes to be agreed at the date of the agreement.