Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Reason
for Decision
Under
the Town and Country Planning Act 1990 local authorities have powers to make
orders to create, extinguish or divert public rights of way. The Council may
make an order to divert or stopping-up of any footpath, bridleway or restricted
byway under section 257 of the Town and Country Planning Act 1990 if it is
satisfied that it is necessary to do so in order to allow development to be
carried out in accordance with planning permission granted under Part III of
the Act.
It
is considered that the proposed diversion meets the criteria set down in the
Town and Country Planning Act 1990 and that the proposed route is an acceptable
alternative. No objections were received
during the statutory period to allow for responses. The Authority is empowered
by section 259 of the Town and Country Planning Act 1990 to confirm an unopposed
order.
Decision
That the Council
confirms the public path diversion order made under section 257 of the Town and
Country Planning Act 1990 on 15th July 2019 to divert footpath 34,
Gillingham. That the Definitive Map and Statement is modified by the order
under section 53A (2) of the Wildlife and Countryside Act 1981, and the
Definitive Statement modified as described in Part 3 of the Schedule to the
order.
Publication date: 18/06/2020
Date of decision: 18/06/2020