Purpose

Dorset
Council (Parts of Footpaths 79 and 92, Weymouth at Curtis Fields) Public Path
Diversion Order 2022 The effect of the order will be to divert parts of
Footpath 79 and 92, Weymouth under the Town and Country Planning Act 1990 (‘the
1990 Act’).

 

The
current definitive routes of Footpaths 79 and 92, Weymouth are affected by the
development at Curtis Fields. The footpaths pass through several of the houses,
gardens and new road layout. The proposed new
footpaths run through the new development. It was agreed that a Section 38
agreement under the Highways Act 1980 would compensate for the loss of
Footpaths 79 and 92, Weymouth through open fields by creating additional new
footpaths through similar habitat.

 

An
amendment is now made to an earlier delegated decision (15 July 2022) that the
above order should not be confirmed until the agreement under Section 38 of the
Highways Act 1980 has been signed between Betterment Properties and Dorset
Council undertaking that additional footpaths become adopted highways within
the Local Greenspace adjacent the development. The prior requirement for an
agreement under Section 38 of the Highways Act 1980 is replaced by an agreement
under Section 106 of the 1990 Act. (Decision taken is detailed within the
Scheme of Delegation in the Council’s Constitution.)

Content

Decision: Dorset Council (Parts of Footpaths 79 and 92,
Weymouth at Curtis Fields) Public Path Diversion Order 2022