Decision

It is recommended that 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 132015 in the parish of Stanwix Rural as shown A-B to a new route A-C-D-B on the plan attached as Appendix 1 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 132015 will relocate the footpath to follow a wide accessible well-surfaced track offering a more pleasurable route away from activities at Houghton House and the Order will be made in the landowner’s 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 landowner and it is expedient to divert as proposed due to the reasons stated above.

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, and the applicant landowner will need to modify their long terms plans.

If the Order is made as requested, the footpath will be diverted out of the curtilage of the applicant landowner’s property and moved to a more accessible, useable and enjoyable route. 

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.