To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath LO6 in the parish of Llanrothal and part of footpath GW27A in the parish of Garway and a concurrent application under the Highways Act 1980 section 118 to make a public path extinguishment order to extinguish part of footpath LO3 in the parish of Llanrothal.

THAT:

(a)    A public path diversion order, for definitive footpath LO6 in the parish of Llanrothal and GW27A in the parish of Garway, is made in accordance with section 119 of the Highways Act 1980 and concurrent public path extinguishment order, for definitive footpath LO3 in the parish of Llanrothal is made in accordance with section 118 of the Highways Act 1980 as shown in the draft order and plan D475iii/243-6 in the Appendix to this report.

(b)     In the event that there are no unwithdrawn objections to the formal advertising of the orders, they are 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 sections 119 and 118 of the Highways Act 1980 and the council’s Public Path Order Policy and one objection has been raised to the informal consultation undertaken by the applicant, although it is considered that the orders are still capable of confirmation.

Under the provisions of section 119 and 118 of the Highways Act 1980 the Council has the power to make diversion and extinguishment 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.