Decision details

Consideration was given to an application made by the resident of Runge Farm, Buckstones Road, Shaw for the diversion of Footpath 44 Crompton (part) which passes through the gardens of Runge Farm, Shore Edge Farm and Hill Cottage. The proposed diversion crosses parcels of land for which there are no registrations according to Land Registry searches – therefore, posting of site notices would be necessary to inform relevant parties of the intention to divert.

The report set out Government Guidance to be followed in cases where a public right of way passes through a garden or curtilage of a residential dwelling, the Order-making and Confirming Authority are guided to weigh the interests of the owner and/or occupier against the overall impact of the proposal on the public as a whole, noting that reducing or eliminating the impact of the current route of the right of way on the owner and/or occupier, in terms of privacy, security and safety, are important considerations to which due weight should be given. The principal test before deciding whether to confirm a Public Path Diversion and Definitive Map and Statement Modification Order is that the diversion should not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order.

The report set out the description and location of the existing and proposed diverted route of Footpath 44. Users of the diverted route would not be deterred from using the route, which could occur if using the existing alignment. The required highway signage, from the metallised road and the way markers along the route would be paid for by the Applicant. Consultation has been undertaken with relevant parties and there were no objections to the proposal.

Options considered:

Option 1 - To approve the recommendation

Option 2 - Not to approve the recommendation

RESOLVED that the application be approved as recommended and the Council make a Public Path Diversion & Definitive Map and Statement Modification Order for the diversion of Footpath 44 Crompton (part) under Section 119 of the Highways Act 1980 and Section 53A of the Wildlife and Countryside Act 1981 as detailed in the report and the Director of Environment and the Director of Legal Services be authorised to carry out the necessary procedures with a view to confirming the Order in the event that no objections are made to the Order.