(Public Footpath No. 11 (Part) & 20 (Part) Dowry Farm, Kingstone Parish) Public Path DMMO 2020

Public Path Diversion and Definitive Map and Statement Modification Order 

Highways Act 1980 

Wildlife & Countryside Act 1981 

Staffordshire County Council 

(Public Footpath No. 11 (Part) & 20 (Part) Dowry Farm, Kingstone Parish) Public Path Diversion and Definitive Map and Statement Modification Order 2020 

This Order is made by Staffordshire County Council (“the Authority”) under section 119 of the Highways Act 1980 (“the 1980 Act”) because it appears to the Authority that in the interests of the owners of the land crossed by the footpaths described in paragraph 1 of this Order it is expedient that the line of the paths should be diverted.

Mr Eric Joseph Slaney of Dowry Farm, Stowe by Chartley, Stafford ST18 0LT has agreed to defray any compensation which becomes payable in consequence of the coming into force of this Order and any expenses which are incurred in bringing the new site of the paths into a fit condition for use by the public.

The East Staffordshire Borough Council has been consulted as required by section 120(2) of the 1980 Act. 

This Order is also made under Section 53A(2) of the Wildlife & Countryside Act 1981 (“the 1981 Act”) because it appears to the authority that the Definitive Map and Statement for the Borough of Stafford require modification in consequence of the occurrence of an event specified in Section 53(3)(a)(i) of the 1981 Act, namely the diversion (as authorised by this Order) of a highway shown or required to be shown in the Map and Statement. 

By This Order: 

1. The public rights of way over the land situate at Dowry Farm, Stowe by Chartley in the Parish of Kingstone and shown by a bold continuous line on the map contained in this Order and described in Part 1 of the Schedule to this Order shall be stopped up with effect from the date on which Staffordshire County Council certify that the works to bring the new site of the footpaths, described in Part 2 of the Schedule to this Order, into a fit condition for use by the public has been carried out to their reasonable satisfaction, and thereupon the Definitive Map for the Borough of East Staffordshire shall be modified by deleting from it those public rights of way.
   
   
2. Where immediately before the date on which the footpaths are diverted there is apparatus under, in, on, over, along or across it belonging to statutory undertakers for the purpose of carrying on their undertaking, the undertakers shall continue to have the same rights in respect of the apparatus as they then had. 
   
   
3. There shall upon the date of confirmation of this Order be public footpaths over the land situate at Dowry Farm, Stowe by Chartley in the Parish of Kingstone described in Part 2 of the Schedule and shown by a bold broken line on the map contained in this Order and thereupon the Definitive Map for the Borough of East Staffordshire shall be modified by adding those paths to it.
   
   
4. The rights conferred on the public under this order be subject to the limitations and conditions set out in Part 3 of the schedule. 

Schedule 

Part 1

Description of Site of Existing Path or Way 

Public Footpath, Kingstone No 11

The full width of that part of Public Footpath, Kingstone No 11 commencing on at Grid Reference 405365 328113 (Point A on the Plan) and running in a generally north north-easterly direction through the buildings of Dowry Farm for a distance of approximately 330 metres to Grid Reference 405471 328408 (Point C on the Plan) 

Public Footpath, Kingstone No 20 

The full width of that part of Public Footpath, Kingstone No 20 commencing on at Grid Reference 405456 328118 (Point D on the Plan) and running in a generally northerly direction for a distance of approximately 123 metres to Grid Reference 405448 328240 (Point B on the Plan)

Part 2

Description of Site of New Path or Way 

Public Footpath, Kingstone No 11

Public Footpath commencing at Grid Reference 405365 328113  (Point A on the Plan) then running along the western side of the field boundary in a generally northerly direction for a distance of approximately 308 metres to Grid Reference 405415 328403 (Point E on the Plan), then turning and running easterly along the southern side of the field boundary for a distance of approximately 56 metres to Grid Reference 405471 328408 (Point C on the Plan) 

The new footpath shall have a width of 1.8 metres throughout its length.

Public Footpath, Kingstone No 20

Public Footpath commencing at Grid Reference 405456 328118 (Point D on the Plan) and running in a generally westerly direction for a distance of approximately 91 metres to its junction with Public Footpath No 11, Kingstone at Grid Reference 405365 328113 (Point A on the Plan) 

The new footpath shall have a width of 1.8 metres throughout its length.

Part 3

Limitations and Conditions 

Pedestrian Gate to BS 5709 at Grid Reference 405365 328113 (Point A)

Pedestrian Gate to BS 5709 at Grid Reference 405415 328403 (Point E)

Part 4 

Modification of Definitive Statement

Variation of Particulars of Path 

 Given under the Common Seal of the Staffordshire county Council on 26^th day of October Two thousand and Twenty One

The Common Seal of

Staffordshire County Council

was hereunto affixed in the presence of: Authorised Signatory