Agenda item

This report considers an application to divert part of Footpath 46, Okeford Fitzpaine in the light of objections received and recommends that the diversion order is made on the basis that the relevant legal tests have been met.

With the aid of a visual presentation, including plans and photographs, the Case Officer identified the site and outlined the proposal to divert part of Footpath 46 at Okeford Fitzpaine. The proposed diversion, between points C and B on the plan, is accessed from current Footpath 44, tracks west following a hedge line, around a tree at Point D on the plan and continues west through a field gate at Point E and on to point B where it then joins the undiverted part of Footpath 46. Members were shown the existing route and proposed diverted route through photographs, highlighting enhancements such as repositioning water troughs to prevent puddling, adding stone chippings at point D to improve drainage and avoiding a double stile to improve accessibility. The gradient and landscape views to the north, south, and east were compared, showing the route was not substantially less convenient and was still enjoyable. It was also confirmed that there was no material impact on third-party land. The initial consultation generated six objections, including from the Parish Council; however, following revisions, only one objection remained, and the Parish Council withdrew its objection. The officer explained the legal tests and confirmed that the application met these legal tests. The officer recommended that the diversion order be made and, if unopposed, the order be confirmed by the Council. If opposed, but with similar objections to those already made, the order would be submitted to the Secretary of State without further referral to the Committee.

Public Participation

Simon Wheeler (applicant) addressed the committee to explain the reason for the proposed diversion, stating that it would enable improved livestock management. He noted ongoing issues with dog fouling and explained that aligning the footpath along the hedge line would allow for better control. He added that fencing the current route would make the fields too small for practical use. Mr. Wheeler acknowledged the reluctance to alter the existing footpath but confirmed he had consulted others and incorporated the feedback received. He stated that the proposed route was no less convenient and offered attractive views across the Blackmore Vale, making it more accessible to a wider range of users. As a small-scale farmer, he recognised that the change involved a significant cost but considered it a worthwhile investment. He also highlighted the number of wildlife-supporting schemes on the land and expressed hope that the committee would support the proposal.

Members questions and comments

• Members sought clarification on the overall distance of the proposed route and the extent of the increase compared to the existing path.
• Questions were raised regarding the route around the tree at Point D.

·       Members raised a question about the medieval village in the vicinity

Having had the opportunity to discuss the merits of the application and an understanding of all this entailed; having considered the officer’s report and presentation; and what they had heard at the meeting, a motion to APPROVE the officer’s recommendation to GRANT as recommended, was proposed by Cllr Belinda Rideout, and seconded by Cllr David Taylor, subject to conditions set out in the officer report.

Decision: It was resolved to grant the application for the reasons set out in section 1 of the officer’s report.