Issue - meetings

Highways Act 1980 Section 119 Proposed diversion of public footpath nos 114014 & 114015 parish of Dalston

Meeting: 29/09/2022 - Development Control and Regulation Committee (Item 44)

44 HIGHWAYS ACT 1980 SECTION 119 APPLICATION TO DIVERT PUBLIC FOOTPATH NOS 114014 AND 114015 PARISH OF DALSTON: DISTRICT OF CARLISLE pdf icon PDF 1 MB

[Electoral Division: Dalston and Burgh]

 

To consider a report from the Executive Director – Economy and Infrastructure

Minutes:

A report was considered from the Executive Director – Economy and Infrastructure regarding the Highways Act 1980 Section 119 Application to Divert Public Footpath Nos 114014 and 114015 Parish of Dalston: District of Carlisle. The report advised thatan application had been received to divert sections of public footpath no’s 114014 and 114015 at Greenhead in the parish of Dalston. The purpose of the report was to ask Members to reach a decision as to whether or not a diversion order should be made.

The Countryside Access Officer made his presentation using plans and photographs to explain the routes involved in the application.

A member asked to be assured that the landowner would not erect a fence to protect his livestock. The Countryside Access Officer advised that it was not the intention of the current landowner at present but the legislation does not prevent them from doing so in the future. He reported on the generous width of the path to be legally created which would help prevent narrowing and restriction of the path if it was ever to be fenced in.

Another member asked who owned the land when a footpath was created. The Countryside Access Officer said the applicant of this diversion was the landowner but in rare cases where a path was diverted on to other landowners property the legislation contained clauses allowing affected landowners to claim compensation.

It was moved by Mr McGuckin and seconded by Mr Morgan that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 16 members in favour of the motion, 0 against and 0 abstentions. Mr Cassidy did not vote as he was not in the room for the item.

RESOLVED that,  pursuant to the power set out at Part 2G paragraph 2.1(g)(iii) of  the County Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert a section of public footpath no 114014 from A-B to A-C and a section of public footpath no 114015 from D-E to D-F-G-H-E as shown on the plan at Appendix A and if no objections are received, the order be confirmed.  In the event objections are received and not withdrawn, the matter may be referred to the Secretary of State for consideration.