Public Footpath No. 39 (part) Yoxall Parish Public Path Diversion & Definitive Map & Statement Modification Order 2020

Highways Act 1981 

Wildlife & Countryside Act 1981 

Staffordshire County Council 

(Public Footpath No. 39 (Part) Yoxall 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 footpath described in paragraph 1 of this Order it is expedient that the line of the path should be diverted.

Mr M Ham of Forest View, Sandpits Lane, Yoxall, Staffordshire DE13 8PF have 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 path 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 East Staffordshire 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 right of way over the land situate at Forest View, Sandpits Lane in the Parish of Yoxall 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 footpath, 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 that public right of way. 

2. Where immediately before the date on which the footpath is 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 a public footpath over the land situate at Forest View, Sandpits Lane in the Parish of Yoxall 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 that path 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 

The full width of that part of Public Footpath, Yoxall No 39 commencing on Sandpits Lane at Grid Reference 413217 319732 (Point A on the Plan) and running in a generally southerly direction for a distance of approximately 48 metres to Grid Reference 413221 319684 (Point B on the Plan). 

Part 2

Description of Site of New Path or Way 

Public Footpath commencing at its junction with Sandpits Lane at Grid Reference 413274 319688 (Point C on the Plan) and arcing in a generally westerly direction along the southern side of the field boundary for a distance of approximately 56 metres to Grid Reference 413221 319684 (Point B 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 413274 319688 (Point C). 

Part 4 

Modification of Definitive Statement

Variation of Particulars of Path 

Given under the Common Seal of the Staffordshire county Council on 1^st September

Two thousand and twenty 

The Common Seal of Staffordshire County Council

was hereunto affixed in the presence of: Authorised Signatory 

Confirmed as an unopposed order on 28^th September 2021