Agenda item

This report considers an application to extinguish part of Footpath 79 and divert part of Bridleway 80, Beaminster in the light of objections received and recommends that extinguishment and diversion orders are made on the basis that the relevant legal tests have been met.

The Senior Definitive Map Technical Officer presented the report which considered an application to extinguish part of Footpath 79 and divert part of Bridleway 80, Beaminster in the light of objections received and recommended that extinguishment and diversion orders were made on the basis that the relevant legal tests had been met.

The application had come to committee as objections had been received by the Council.

With the aid of a visual presentation the Senior Definitive Map Technical Officer highlighted the current route of the footpath and bridleway from point to point on the route including views to the south and north from various points of the bridleway.

The proposed new route was highlighted and would be upgraded at certain points along the route.

Two consultations had been carried out and the results of the consultations were presented to the committee members.

Legal tests had been met for each order had to be considered separately and Officers considered that the application to extinguish footpath 79 Beaminster met the tests under section 118 of the Highways Act 1980.  Officers also considered the application to divert bridleway 80 also met the legal tests under section 119 of the Highways Act 1980. 

Oral representation in objection to the application was received from M Oppe.  His main concerns were that 7 out of 10 of the supporting comments were received after the deadline for representations and the report had given more weight to the supporters than the objectors, he drew the committee’s attention to the Ecological Survey Summary.

Oral representation in support of the application was received from D Hazelhurst, the applicant, highlighting the benefits and improvements of the application.

Officers responded to speaker comments and advised that the pre-order consultation was not statutory so late representations could be considered.

Members expressed some concern that the footpaths and bridleways had not been maintained by the Council.  In response to a question regarding fencing of the new route, officers advised that no fencing was planned, but could not say whether the fields would be used for livestock at any stage.

Proposed by Cllr Toni Coombes, seconded by Cllr John Worth

Decision: That:

(a)      The application to extinguish part of Footpath 79 and divert part of Bridleway 80, Beaminster as shown on Drawing P226/23/2 attached as Appendix 1, be accepted and extinguishment and diversion orders made;

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

(c)      If the Orders are unopposed, and are considered to meet the legal tests they be confirmed by the Council.

(d)      If the Orders are opposed, and the objections to the Orders are of a similar nature to those already considered by the Committee, they be submitted to the Secretary of State without further reference to the Committee.

(e)      The Orders are to be made concurrently. The Extinguishment Order shall be confirmed only upon confirmation of the Diversion Order. If objections are received to one order but not the other, both orders will be submitted to the Secretary of State for confirmation.