To consider an application under the Highways Act 1980, section 119, to make a public path diversion order to divert part of footpath WBK5 in the parish of Welsh Bicknor and to make associated, concurrent public path extinguishment and creation orders under Highways Act 1980 sections 118 and 26, to move footpath WBK1 in the parish of Welsh Bicknor.

The Parks, Countryside and Leisure Development Manager presented a report about an application under Section 119, 118 and 26 of the Highways act 1980 to divert, extinguish, and create a new part of Footpaths WBK5 and WBK1 in the Parish of Welsh Bicknor.

The Parks, Countryside and Leisure Development Manager advised the Sub-Committee that Mr Vaughan had made the application on 16 May 2011. The reasons given for making the application were to enhance the security and privacy of Laundry Cottage and Courtfield House (WBK 5) and to provide a new circular route for local residents and legal access to the common of Coppett Hill (WBK 1).  It was noted that the current route of WBK1 was a cul-de-sac and did not link with the common.

He added that the proposal had received objections from the Open Spaces Society and the Ramblers’ Association.  The Open Spaces Society had objected to the extinguishment of footpath WBK1 as, in their view, the legal test for an extinguishment order, had not been met.  They also objected to the diversion of footpath WBK5 as it was his opinion that higher rights may exist on the path which would remain in the current location if the footpath were moved.  The Byways and Bridleways Trust correspondent, although not objecting to the proposals, also suggested that higher rights may exist on footpath WBK5. In respect of the issue of higher rights the Parks, Countryside and Leisure Development Manager advised that he did not feel that there was sufficient evidence to justify rejecting the application and that the landowner was aware of this issue and had stated that he wished to proceed with the diversion in spite of the issue of higher rights.

The Parks, Countryside and Leisure Development Manager advised the Sub-Committee that the landowner had stated clearly that he would only agree to the confirmation of the creation/extinguishment of WBK1 if the order for WBK5 was also confirmed at the same time. Similarly, The Goodrich and Welsh Bicknor Group Parish Council would only agree to the confirmation of the diversion of WBK5, if WBK1 creation/extinguishment was confirmed at the same time.

It was noted that the applicant had agreed to pay for advertising and to reimburse, in full, the Council’s costs incurred in making the diversion order and that the application also had the support of the local ward member, Cllr. Jarvis.

The Parks, Countryside and Leisure Development Manager advised that the proposed diversion of WBK5 met the specified criteria as set out in Council policy and section 119 of the Highways Act 1980 in particular that:

·         The proposal benefitted the owner of the land crossed by the existing path.

·         The proposal did not alter the point of termination of the paths.

·         The proposal was not substantially less convenient to the public.

The proposed creation of WBK1 also met the specified criteria as set out in Council policy and section 26 of the Highways Act 1980.

The Committee heard from the applicant and Mr Lee, representing the Ramblers’ Association prior to making their decision.

Having considered all aspects of the application, the Sub-Committee concurred with the view of the Parks, Countryside and Leisure Development Manager that the applications should be approved.

RESOLVED

That public path orders are made under Section 119, 118 and 26 of the Highways Act 1980 in respect of footpaths WBK1 and WBK5 in the parish of Welsh Bicknor, as illustrated on drawing numbers: D411/405-1 and D411/405-5