[Electoral Divisions: Alston and East Fellside]
To consider a report from the Executive Director – Economy and Infrastructure (copy enclosed)
Mr R Betton arrived at the meeting during consideration of this item but did not vote.
Members considered a report from the Executive Director – Economy and Infrastructure which detailed an application received by the County Council to divert public footpath no 302151 at Haggs Bank in the Parish of Alston Moor.
Members recalled an earlier application to extinguish public footpath no 302151 when it was resolved that an order be made under Section 118 of the Highways Act 1980. The order was made but objections were received and the Order was not confirmed by the Secretary of State for the Environment, Food and Rural Affairs.
The extinguishment of the path was not accepted by the Inspector as he was not convinced the path was not needed for public use. He considered that the route would be used at least as often as other routes in the area. Furthermore, the Inspector found that whilst there would be some benefits to the owner, he was not persuaded that stopping up the right of way would resolve any of the security issues identified. This diversion found an appropriate balance in meeting the concerns of the landowner and achieving a better more convenient route.
The recommendation was moved and seconded and put to a vote, which was unanimous. It was,
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 public footpath no 302151 from A-B to C-D-E-B 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 In the event objections are received and not withdrawn, the matter may be referred to the Secretary of State for consideration.