Decision details

(a)           The application to divert Footpath 12, Holwell at Penny Farm as shown on Drawing P275/25/1 attached as Appendix 1 be accepted and a diversion order made;

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

(c)           If the Order is unopposed and is considered to meet the legal tests it be confirmed by the Council.

(a)           The proposed diversion meets the legal criteria set out in the Highways Act 1980.

(b)           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.

(c)           Accordingly, for the reasons set out below in the report the proposed diversion meets the legal tests and, if unopposed, Dorset Council can itself confirm the order.

At the pre-application stage an alternative route was considered that follows the current walked route, avoiding the ‘>’ offshoot and using the field gate at the eastern end. This was modified after the pre-app consultation to the current proposal.

N/A