To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath LW4, Llanwarne.

Wards Affected

Pontrilas

A report was presented by the Interim Parks, Countryside and Leisure Development Manager about an application for a Diversion Order under the provisions of Section 119 of the Highways Act 1980 in respect of part of Footpath LW4 Llanwarne.  He explained the events which had given rise to the application and the legal requirements which the applicants needed to fulfil in respect of land ownership before an Order could be made.  He reminded the Committee that at its meeting on 31st January, 2006 it had been decided to defer a decision on the application for a period of six months to allow the applicants further time to resolve the outstanding issues.  Despite some attempts by the applicants to resolve the matter, no further progress had been made in obtaining landowner consent for the diversion.  He also said that the applicants had failed to confirm that they would indemnify the Council against any possible claim for compensation in respect of land ownership if an Order was made.  Because neither requirement had been fulfilled, the applicants had been informed that it would be recommended to the Committee that the application be rejected.  When the matter came back to the Committee in January 2007 it was decided that consideration of the application be deferred for further investigation to be made about whether the revised route of Footpath LW4 (part) Llanwarne could be deemed to be in existence after twenty years.

The Interim Parks, Countryside and Leisure Development Manager provided the Committee with information about his investigations into the matter since January 2007 and the discussions which had been held with the applicants.  He also explained the assessment that had been carried out about the practical issues regarding the possibility of a Definitive Map Modification (DMMO) application to record the proposed diversion route as a public right of way on the basis of uninterrupted useage.  He advised that processing a DMMO application was likely to take some years due to the current backlog.  However, even if successful, such a move would not extinguish the part of footpath LW4 that was subject to the diversion application.  To do so would require an additional Public Path Extinguishment Order (under section 118 of the Highways Act 1980) to be made and confirmed.  Despite the presence of a second route in close proximity, it could not be guaranteed that an extinguishment application would be successful.  In the interim the Council would continue to have legal responsibilities in respect of both this section of footpath LW4 and any new route added via a DMMO.  He pointed out that the applicants had repeatedly refused to sign a form indemnifying the Council against possible compensation claims as a result of the proposals.  The owners of the land on which the proposed route would pass had not agreed to the proposals despite many attempts over many years.  The proposals were in the applicants’ interests and not necessarily in the wider interests of the public, or in the interests of the landowner of the proposed route. In view of the lack of progress he suggested that the application should be refused and said that the Local Ward Member supported this view.  The Committee endorsed his suggestion.

RESOLVED THAT:

a Public Path Diversion Order be not made under Section 119 of the Highways Act 1980, in respect of Footpath LW4 (part) as illustrated on plan D52/245-4 in the report of the Interim Parks, Countryside and Leisure Development Manager, and that the application be rejected.