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The Assistant Director authorises the Chief
Legal Officer to make an order under Section 119 of the Highways
Act 1980 to divert public footpath no 138058 in the parish of
Wetheral as shown A-B to a new route
A-C-D-E-F-G-B on the attached order plan and in the event no
objections are made to the order, that the Chief Legal Officer be
authorised to confirm the order.
 

Reasons for the decision

The proposed diversion of Footpath no 138058
will relocate the cross-field path to follow the wide riverside
headland offering a wider and more pleasurable experience for the
user and the Order will be made in the public interest.
 
The Council will be responsible for ensuring
the works are satisfactorily completed before confirming the
Order.
 
The proposed diversion is in the interests the
public and it is expedient to divert as proposed.
 
In light of the
above it is considered that the new path will be of similar
convenience and enjoyment to the existing. 
 

Alternative options considered

The options considered are:-
 
a.       Not to make the
Order, or
b.       To make the Order as
requested.
 
If the Order is not made then the existing public footpath will continue
to follow its current route. As discussed above, this has been
historically obstructed and is impassable.
 
If the Order is made as requested, the
footpath will be diverted as originally intended to pass over the
realigned Collar Beck via the footbridge, with the wider scheme
creating a walkable riverside route following the public’s
preferred alignment. 
 
The Council has discretion as to whether or not to make an order, but such discretion
must be exercised reasonably. Taking into
account the options available to the Council, the option to
not make the Order has been rejected and the recommendation to make
the Order is proposed.