Public Footpath No.0475 Weeford Parish Public Path Diversion Order 2017

Public Path Diversion Order 

Town And Country Planning Act 1990, Section 257 

Wildlife And Countryside Act 1981, Section 53a(2) 

Staffordshire County Council

(Public Footpath No. 0.475 Weeford Parish)

Public Path Diversion Order 2017 

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 extraction of sand and gravel at Weeford Quarry. 

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 District of Lichfield requires 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 footpath over the land situate at Weeford Parish and 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 stopped up on the date that the Authority certifies that works have been carried out to bring the site of the new footpath described in Part 2 of the Schedule to this Order into a fit condition for use by the public. 

2. There shall be created to the reasonable satisfaction of the Authority an alternative footpath 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 the Authority certify that the terms of Article 2 have been complied with. 

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

i) The provision of a constructed footpath to a width of not less than 1.8 metres.

ii) The provision of steps and a handrail at point C on the Order plan (413866 302762) to be provided by the County Council.

iii) The provision of signposts at point A (413950 302812) and point D (413776 302771) on the Order plan to be provided by the County Council.

iv) The footpath will be kept clear of encroaching vegetation and any unlicensed obstructions by the landowner.

v) There are no other limitations or conditions associated with the new path.

5. The landowner is required to pay for the administration and legal fees in relation to diverting the footpath. 

6. 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.

Schedule

Part 1

Description Of Site Of Existing Path Or Way

That length of Public Footpath No 0.475 Weeford starting from the boundary edge of the Coach and Horses Plantation at point  A on the Order plan (413950 302812) and continuing in a generally south-westerly direction for approximately 385 metres to its junction with the A38 at point B on the Order plan (413772 302486).

Part 2

Description Of Site Of New Path Or Way

A new length of Public Footpath No 0.475 Weeford Parish starting from the boundary edge of the Coach and Horses Plantation (as above) at point A on the Order plan (413950 302812) and continuing in a generally west south-westerly direction for approximately 98 metres to steps at point C on the Order plan (413866 302762) and continuing in a generally westerly direction for approximately 86 metres to its junction with the A38 at point D on the Order plan (413776 302771).

The new route shall have a prescribed width of 1.8 metres between points A-C-D except where it transverses the steps at point C. 

Part 3

Limitations And Conditions

There are no limitations or conditions associated with this Order.

Part 4

Modification Of Definitive Statement 

Variation Of Particulars Of Path

County District: Lichfield

Parish: Weeford

Given under the Common Seal of the Staffordshire County Council on 23 July 2018.