To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpaths LO4 and LO5 in the parish of Llanrothal.

THAT:

(a)    A public path diversion order, for definitive footpaths LO4 and LO5 in the parish of Llanrothal, is made in accordance with section 119 of the Highways Act 1980 as shown in the draft order and plan D475i/243-4 (Plan 1) and D475ii243-5 (Plan 2) in the Appendix to this report.

In the event that there are no unwithdrawn objections to the formal advertising of the order, it  is then  confirmed as satisfying the criteria in sub section (6) of the above section, for such confirmation

This application meets the tests set out in section 119 of the Highways Act 1980 and the council’s Public Path Order Policy and although one objection has been raised to the informal consultation undertaken by the applicant, it is still considered capable of confirmation.

Under the provisions of section 119 of the Highways Act 1980 the council has the power to make diversion orders. It has no duty to do so. The council could therefore reject the application on the grounds that it does not contribute sufficiently to the wider ambitions and priorities of the council.