Public Footpath No.32 (part) Barton under Needwood Parish) Public Path Diversion and Definitive Map Statement Modification Order 2019

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.32 (part) Barton under Needwood Parish)

Public Path Diversion and Definitive Map and Statement Modification Order 2019

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 Tucklesholme 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 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 Barton under Needwood Parish 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 after 28 days from the date of confirmation of this Order, and thereupon the Definitive Map for the Borough of East Staffordshire shall be modified by deleting from it that public right of way. 

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 and thereupon the Definitive Map for the Borough of East Staffordshire shall be modified by adding that path to it. 

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 constructed footpath to a width of not less than 1.8 metres with the path surface to be thoroughly compacted to provide a firm, even, free draining surface.

ii) The provision of signposts at point A on the Order plan (420878 318750) and point D on the Order plan (421168 318357) and waymarks along the route to be provided by the County Council and maintained by the landowner.

iii) A 12ft long, 6ft wide culvert across the watercourse at point F on the Order plan (420936 318630).

iv) A pedestrian kissing gate in accordance with BS5709:2018 at point D (421168 318357) on the Order plan. 

4. The landowner 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 diversion of the footpath shall have effect on the date on which the authority certify that the works in Paragraph 4 have been satisfactorily completed.

Schedule 

Part 1 

Description of Site of Existing Path or Way

That length of Public Footpath No. 32 Barton under Needwood Parish running from its junction with the railway line at point A on the Order plan (420878 318750) and running in a generally east-south easterly direction for approximately 146 metres before crossing the watercourse at point B on the Order plan (421012 318696) and heading in a generally south easterly direction for approximately 127 metres to the field boundary at point C on the Order plan (421092 318596) then continuing in a generally south easterly direction for approximately 252 metres to point D on the Order plan (421168 318357).

Part 2 

Description of Site of New Path or Way 

A new length of Public Footpath No 32 Barton under Needwood running from its junction with the railway line at point A on the Order plan (420878 318750) and running in a generally south westerly direction for approximately 63 metres to point E on the Order plan (420857 318692) then heading in a generally east south-easterly direction for approximately 101 metres to cross the water course at point F on the Order plan (420936 318630) then heading in a generally south westerly direction on the eastern side of the watercourse for approximately 186 metres to point G on the Order plan (420851 318475) and continuing in a generally south-westerly direction for approximately 303 metres to point H on the Order plan (420851 318475). The footpath then turns to head in an easterly direction for approximately 46 metres to point J on the Order plan (420766 318201) then heads in a generally east north-easterly direction for approximately 193 metres to the field boundary at point K on the Order plan (420950 318252) and continues in a generally north easterly direction for approximately 89 metres to the field boundary at point L on the Order plan (421034 318282). The footpath continues in a generally north-easterly direction for approximately 92 metres to the field boundary at point M on the Order plan (421116 318326) then in a generally north-easterly direction for approximately 57 metres to its junction with the original alignment of Public Footpath No 32 Barton under Needwood at point D on the Order plan (421168 318357). 

The new route shall have a prescribed width of 1.8 metres between points A-E-F-G-H-J-K-L-M-D. 

Part 3 

Limitations and Conditions 

A pedestrian kissing gate in accordance with BS5709:2018 at point D (421168 318357) on the Order plan.

Part 4 

Modification of Definitive Statement 

Variation of Particulars of Path

Given under the Common Seal of the Staffordshire County Council 6 August 2019.