To consider a proposal to divert part of footpath BM12 and extinguish part of footpath BM13, Bodenham.

Ward Affected: Hampton Court

A report was presented by the Rights of Way Manager about a proposal to make a Public Path Diversion Order to divert part of footpath BM12 and a Public Path Extinguishment Order to extinguish two parts of footpath BM13 at Bodenham. The matter had originally been considered by the Committee in October 2009 when officers were instructed to commence the process for a Public Path Order to extinguish the sections of Public Footpath BM13 marked A-B and F-G on the plan attached to his report.  He outlined the progress made into the investigations which had led to the conclusion being made that section A-B of the footpath should be diverted and that steps should be taken to remove the obstruction to section F-G, thereby enabling the footpath to be brought back into use again.  He outlined the procedure that would be followed to achieve this aim and advised on the possible alternatives available.  He also said that Footpath BM12 was also obstructed following the development of Orchard Close in the 1970s. As part of the consideration of BM13, it had also been necessary to develop concurrent proposals to divert BM12 to provide an appropriate alternative route.  He provided information about the pre-order consultation process and the responses that had been received from the consultees.  It was also noted that a number of letters had been received from the local community and parish council in support of the extiguishment of Footpath BM13 which they said had been out of use for a considerable number of years, and the diversion of footpath BM12.

Councillor KG Grumbley, the Local Ward Member, outlined the events that had led to the footpaths being obstructed by development.  He felt that there was adequate provision for walkers who could use Footpath BM 12 from point B on the map to Chapel Lane, which would be just as convenient to them as using a diverted Footpath BM13.  He felt that there were some difficulties facing the latter due to opposition from the landowners but that the diversion of Footpath BM12 where it was obstructed by Orchard Close would provide a satisfactory solution.  He said that this option was favoured by local people.

The Committee discussed the proposals put forward by the officers and noted the comments of the Local Ward Member.  Having considered all the facts and options, the Committee felt that on balance it would be preferable to divert Footpath BM12 and take it out of the gardens of properties, rather than attempt to overcome the problem of diverting and bringing BM13 back into use.

RESOLVED THAT

The Parks Countryside and Leisure Development Manager be instructed to consider to

(i)                 make an Order under S.118 of the Highways Act 1980 extinguish the full length of Footpath BM 13 between points A – B and F – G shown on revised plan 2010-08-17 attached to his report; and

(ii)               make an Order under S.119 of the Highways Act 1980  to divert footpath BM12 from point C – D to point C – E as set out on revised plan 2010-08-17.