Public Footpath No. 5 Hednesford Parish Public Path Diversion and Definitive Map and Statement Modification Order 2016

Town and Country Planning Act 1990, Section 257

Wildlife and Countryside Act 1981, Section 53A (2)

Staffordshire County Council (Public Footpath No. 5 Hednesford Parish) Public Path Diversion and Definitive Map and Statement Modification Order 2018

This Order is made by Staffordshire County Council under Section 257 of the Town and Country Planning Act 1980, 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 in accordance with planning permission granted under Part Ill of the Town and Country Planning Act 1990 namely; to facilitate the housing development off Green Heath Road, Hednesford, Cannock.
  
This Order is also made under Section 53A(2) of the Wildlife and Countryside Act 1981 ("the 1981 Act") because it appears to the authority that the Definitive Map and Statement for the District of Cannock Chase 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 hitherto shown or required to be shown in the Map and Statement. 
 
By This Order:

1. The footpath over the land shown by a bold black line on the attached map and described in Part 1 of the Schedule to this Order ("the Schedule") shall be diverted, and the Definitive Map and Statement for the District of Cannock Chase shall be modified as provided below.
   
2. There shall be created to the reasonable satisfaction of Staffordshire County Council an alternative highway for use as a replacement for the said footpath as provided in Part 2 of the Schedule and shown by bold black dashes on the attached map.

3. The diversion of the footpath shall have effect on the date on which Staffordshire County Council certify that the terms of Article 2 above have been complied with, and upon the occurrence of that diversion the Definitive Map for the District of Cannock Chase shall be modified by deleting from it the path or way referred to in paragraph 1 of this order and the path or way referred to in paragraph 2 of this order shall be added to it, and the definite statement shall be modified as described in Part 3 of the Schedule.

4. 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.

Schedule

Part I

Description of Site of Existing Path

That length of Public Footpath No.5 Hednesford Parish commencing at a point on Green Heath Road (NGR 399376-313403, point A on the order plan) running in a generally South-southwesterly direction for approximately 10 metres then in a generally West-southwesterly direction for approximately 70 metres then in a generally Southwesterly direction for approximately 87 metres then in a South-southwesterly direction for approximately 76 metres then in a West-southwesterly direction for approximately 132 metres to the southern end of the link footway from Pye Green Road to the rear of 35 Chalcot Drive (NGR 399095-313174, point C on the order plan),

Part II

Description of Site of Alternative Highway

A new length of Public Footpath No. 5 Hednesford Parish commencing at a point opposite No. 310 Green Heath Road (NGR 399378-313391), point B on the order plan} and running in a generally West southwesterly direction for approximately 59 metres to NGR 399322-313369 (point D on the order plan) then in a generally South-southeasterly direction for approximately 25 metres to NGR 399328-313345 (point E on the order plan) then arcing in a general Southwesterly direction for approximately 57 metres to NGR 399292-313305 (point F on the order plan} then running in a Westerly direction for approximately 42 metres to NGR 399239-313304 (point G on the order plan) then in a generally North-northwesterly direction for approximately 8 metres to NGR 399245-313310 (point H on the order plan) then in a generally West southwesterly direction for approximately 6 metres to NGR 399239-313309 (point J on the order plan) then in generally Southerly direction for approximately 4 metres to NGR 399240-313305 (point K on the order plan) then in a generally Westerly direction for approximately 92 metres to NGR 399149-313288 (point L on the order plan) then in a generally South-southwesterly direction for approximately 126 metres to NGR 399095-313174 at the South end of the link footway from Pye Green Road to the rear of 35 Chalcot Drive (point C on the order plan) to rejoin with the remaining part of Public Footpath No. 5 Hednesford Parish
 
The new route shall have a prescribed width of 2 metres.

Part Ill

Modification of Definitive Statement

Given under the Common Seal of the Staffordshire County Council on 26 July Two Thousand and Sixteen

Was hereunto affixed in the presence of 
 
Authorised Signatory

The foregoing order is hereby confirmed

Dominic Young 28 Mar 2018

An Inspector appointed by the Secretary of State for Environment, Food and Rural Affairs