Purpose

Public footpath No.21 Fishlake commences near Jubilee Bridge and runs in a south, south-westerly direction alongside the River Don to Fishlake where it then continues to its junction with Fishlake Nab.

The definitive alignment of the path cannot be walked in its entirety. The legal line follows the old course of the river. Both the path and the old alignment are clearly shown on the draft and provisional maps produced during the original definitive mapping process; however, the definitive map shows a different alignment of the
river. It is not known when the river was realigned, but the path shown on the definitive map still follows the old alignment. The result is the legal line of the path crosses the river twice, without any provision to cross at either location.

Other longstanding obstructions exist along the path. The definitive line is obstructed where it meets Fishlake Nab by a concrete wall, which forms part of the flood defence. The path on the ground starts slightly further towards Fishlake. It is also obstructed by flood arches.

There will be no costs incurred in physically providing the footpath as the route already exists and any future maintenance costs will be funded from the Public Right of Way budget, as is the case with the path currently.

The local ward members, the cabinet member for Environment Housing and Safer Communities, Fishlake Parish Council, both Stainforth and Thorne and Moorends
Town Councils’, the Planning Policy and Environment Team and representatives from local prescribed organisations and statutory undertakers were sent details of the proposal.

No objections were received and the comments that were made were supportive of the proposal.

Due regard considerations - Of the protected characteristic groups, disability, age and pregnancy and maternity are the most relevant in the context of this proposed footpath diversion. Any alteration to the rights of way network has the potential to
cause problems for all users, but users with disabilities, the less mobile or who are pregnant may be disadvantaged more so. An initial due regard assessment has been carried out on the proposal, reference PL-I-00037. The initial assessment
determined that no further action is needed.

Further info provided on ODR.

Decision

1. To make an Order to divert part of public footpath No.21 Fishlake under section 119 of the Highway Act 1980.
   
   2. To permit confirmation of the Order if no objections are received or if all objections are withdrawn.
   
   3. To submit the case to the Secretary of State for Environment, Food and Rural Affairs for determination if any objections to the Order are received and not withdrawn, including supporting the case at any public inquiry or hearing that may be held.
   

Alternative options considered

None