Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
(a)
The application to divert parts of Footpaths 79 and 92,
Weymouth be accepted and an 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, it be confirmed by the Council.
(d)
The order should not
be confirmed until an 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.
(Decision taken is detailed within the Scheme of Delegation in the Council’s
Constitution.)
(a) The proposed diversions meet the
legal criteria set out in the Town and Country Planning Act 1990.
(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, the absence of objections may be
taken as acceptance that the proposed diversion is expedient and therefore
Dorset Council can itself confirm the order.
(d) The Section 38 agreement will
compensate for the loss of Footpaths 79 and 92, Weymouth through open fields by
creating new footpaths through similar habitat. The dedicated footpaths will be
in addition to the diverted routes of Footpaths 79 and 92
None
None
Publication date: 26/07/2022
Date of decision: 15/07/2022