Agenda item

Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Diversion of Footpaths FP0113036 and FP0113037 at Ellel Quarry

Minutes:

A report was presented on an application for the diversion of Footpaths FP0113036 and FP0113037 at Ellel Quarry.

 

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

 

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

 

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy, security and safety. Ellel Quarry was an active quarry site. Currently the public footpath runs on the only access road to the quarry, then along the perimeter of the quarried site (now being infilled), through woods and then across part of the quarried site, before going through the grounds of Ellel Crag.

 

The diverted footpath would start at the same point but enter woods adjacent to the access track, then would divert onto an existing track away from the perimeter edge of the quarried site, before returning to the existing route, to then divert across pasture, removing it from the vicinity of the quarried site and property. This would significantly increase the privacy, security and safety of the quarry, whilst providing a route that was safe, convenient and more direct for public use.

 

The officer answered questions from Committee.

 

The Chair was concerned that the proposed route length D-G led onto the road and suggested that a more convenient route, and one providing better views, may be D-E-G, going behind the hedge at point E, then running parallel to the west side of the hedge to point G.

 

After a discussion, it was Proposed that:

 

"The application be deferred and that the applicant be asked if an alternative to the route length D-G would be acceptable, going from D-E-G, behind the hedge at point E then running parallel to the west side of the hedge to point G, giving better views and avoiding the road"

 

After being put to the Vote, the Motion was Lost. The officers' recommendation was then put to the Vote and Carried.

 

It was therefore:

 

Resolved:

 

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert parts of FP0113036 and FP0113037 from the route shown by a bold continuous line and marked A-B-C and D-E and F-B to the route shown by a bold broken line and marked A-F and D-G and F-C on the map.

 

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

 

(iii)  That provision be included in the Order 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.

 

Supporting documents: