Content

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.