Decision

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.