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
Publication date: 26/07/2022
Date of decision: 15/07/2022