Content

This ODR relates to obtaining
permission to determine an application received to modify the route
of a section of public footpath no 416036 at Low Scales Farm in the
parish of Millom Without. 
 
The amendment to the section of
path is shown on the attached application plan (Appendix 1) and the
purpose is to present the evidence regarding the route, and for a
decision to be made whether to proceed with the next stage of the
process by making a legal order.
 
It is recommended that the
application to amend the route of public footpath no 416036 at
Lowscales Farm in the parish of Millom Without be
rejected.
 

Reasons for the decision

This application was submitted in 2008 and
states that the definitive map is incorrect and implies that the
recorded alignment of the path no 416036 at Low Scales in the
parish of Millom Without follows a route alongside and in front of
the property Longfield View to meet public footpath no 416037 then
north on a track past Longfield View and Greenhills to re-join path
416036 marked A-B-C on the plan at Appendix 1.
 
It is noted that a section of the definitive
line (Points A-C) of the footpath passes through the gardens of the
properties Longfield View and Greenhills and is obstructed by high
stone walls and garden furniture.
 

Alternative options considered

If the recommendation is
rejected an Order can be made which may be objected to and will be
passed to the Secretary of State for the Environment, Food and
Rural Affairs to determine.
 
If the recommendation is
accepted the applicant has the option to appeal to the Secretary of
State for the Environment, Food and Rural Affairs.
Officers are working with the
applicant and the other affected landowners to seek a mutually
acceptable remedy hopefully by diverting the footpath under Section
119 of the Highway Act 1980.