(Public Footpath No.74 (Part) Waterhouses Parish) Public Path Diversion and Definitive Map and Statement Modification Order 2022

Public Path Diversion and Definitive Map and Statement Modification Order 

Town and Country Planning Act 1990 

Wildlife & Countryside Act 1981 

Staffordshire County Council

(Public Footpath No.74 (Part) Waterhouses Parish)

Public Path Diversion and Definitive Map and Statement Modification Order 2022 

This Order is made by Staffordshire County Council (“the authority”) under Section 257 of the Town and Country Planning Act 1990 because it is satisfied that it is necessary to divert the footpath to which this Order relates in order to enable development to be carried out namely the development a fuel storage and feed system for alternative fuel firing at the Cauldon Cement Plant under reference SM.19/13/111 MW. 

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 in the parish of Waterhouses 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 on the date that Staffordshire County Council certify that the requirements of article 2 below have been satisfied. 

2.  There shall be created to the reasonable satisfaction of the Highways Authority an alternative highway for use as a replacement for the said footpath as provided in Part 2 of the Schedule and shown by a bold broken line on the map contained in this Order. 

3.  The following works shall be carried out in relation to the highway described in Part 2 of the Schedule: 

i)   The provision of a public rights of way signpost, steps (if required) and a kissing gate (to BS 5709) at Grid Reference 408557 349556 (Point C). 

4.   Lafarge Couldon Ltd is required to pay for the cost of carrying out the said works. 

5.   Where immediately before the date on which the footpath is diverted there is apparatus under, in, on along or across it, belonging to statutory undertakers for the purposes of carrying on their undertaking, the undertakers shall continue to have the same rights in respect of the apparatus as they then had. 

6.   The Definitive Map and Statement for the Staffordshire Moorlands area shall be modified to reflect the effect of this Order on the date that Staffordshire County Council certify that the requirements of article 2 above have been satisfied.

Given under the Common Seal of the Staffordshire county Council on Tuesday 5th July Two Thousand and Twenty Two

Confirmed as an unopposed order on the 28 day of March Two Thousand and 23. Kate Loader

The Common Seal of

Staffordshire County Council

was hereunto affixed in the presence of: Paula Dalton

Authorised Signatory 

Schedule 

Part 1 

Description of Site of Existing Path or Way

The whole width of that part of Public Footpath Waterhouses No 74 commencing at Grid Reference 408620 349561 (Point A on the Plan) and proceeding in a generally south westerly direction for a distance of approximately 77 metres to Grid Reference 408564 349509 (Point B on the Plan)

Part 2 

Description Of Site Of New Path Or Way 

Public Footpath, two metres wide, commencing at Grid Reference 408620 349561 (Point A on the Plan) and running in a generally westerly direction for a distance of approximately 64 metres to Grid Reference 408557 349556 (Point C on the Plan) 

Part 3 

Limitations And Conditions 

A kissing gate in accordance with BS5709 at Grid Reference 408557 349556 (Point C on the Order Plan)

Part 4 

Modification Of Definitive Statement 

Variation Of Particulars Of Path