Decision

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.