Decision details

A report was presented on an application for the diversion of parts of Footpaths 3-12-FP1, 3-12-FP2 and 3-12-FP3 at and near Brabin's Endowed School, Chipping.

Brabin's Endowed School is a small, rural primary school, with a relatively small school field backing onto open agricultural land. The footpath currently runs between the walled perimeter of the school and the neighbouring residential property, then out across the centre of the school field to the far boundary, then out through a gate and across a pasture then along a residential access road. There was also another branch along most of the length of the pasture.

The lengths of path to be diverted were shown on the Committee plan attached to the agenda papers as a bold continuous line marked A-F-G-H-D and F-E, and the proposed new footpath was shown by a bold broken line marked as A-B-C-D and C-G-E.

Committee noted that, if successful, the diversion would move the footpath away from the centre of the school field, and onto the edge of adjacent land that was part of St. Mary's Roman Catholic Primary School, with their consent. This would increase the security and safeguarding for pupils and staff, whilst providing a route that was safe and convenient for public use. The diversion would also cross the pasture around the edges of the field which was more efficient for agriculture.

The consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

Resolved:

(i)  That an Order(s) be made under Section 119 of the Highways Act 1980 to divert:

o  Parts of Footpaths 3-12-FP1 & 3-12-FP3 from the route shown by a bold continuous line and marked A-F-G-H-D to the route shown by a bold broken line and marked A-B-C-D on the attached plan.

o  Also, part of Footpath 3-12-FP2 from the route shown by a bold continuous line and marked F-E to the route shown by a bold broken line and marked C-G-E on the attached plan.

(ii)  That in the event of no objections being received, the Order(s) be confirmed and in the event of objections being received and not withdrawn, the Order(s) be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order(s) such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.