Content

(a)          
The application to divert Footpath 12, Holwell
at Penny Farm as shown on Drawing P275/25/1 attached as Appendix 1 be accepted
and a diversion order made;

(b)          
The Order include provisions to modify the
definitive map and statement to record the changes made as a consequence of the diversion; and

(c)          
If the Order is unopposed and is considered to
meet the legal tests it be confirmed by the Council.

 

Reasons for the decision

(a)          
The proposed diversion meets the legal criteria
set out in the Highways Act 1980.

(b)          
The inclusion of these provisions in a public
path order means that there is no need for a separate legal event order to
modify the definitive map and statement as a result of
the diversion.

(c)          
Accordingly, for the reasons set out below in
the report the proposed diversion meets the legal tests and, if unopposed,
Dorset Council can itself confirm the order.

 

Alternative options considered

At the pre-application stage an alternative route was
considered that follows the current walked route, avoiding the ‘>’ offshoot
and using the field gate at the eastern end. This was modified after the
pre-app consultation to the current proposal.