Public Footpath No. 10 (Gorse Cottage Yarnfield) Public Path Diversion and Definitive Map and Statement Modification Order 2020

Public Path Diversion and Definitive Map and Statement Modification Order 

Highways Act 1980 

Wildlife & Countryside Act 1981 

Staffordshire County Council

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 R Dixon of Gorse Cottage, Yarnfield Stone Staffordshire ST15 0QN has 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 Stafford Borough Council have 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 Stafford 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 Gorse Cottage, Yarnfield in the Parish of Yarnfield and Cold Meece 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 Stafford 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 Gorse Cottage, Yarnfield in the Parish of Yarnfield and Cold Meece 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 Stafford 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. 

Given under the Common Seal of the Staffordshire county Council on 8th December Two thousand and Twenty 

The Common Seal of Staffordshire County Council was hereunto affixed in the presence of: Wendy Lofthouse Authorised Signatory 

Schedule 

Part 1

Description of Site of Existing Path or Way 

The full width of that part of Public Footpath, Yarnfield and Cold Meece No 10 commencing to the west of Gorse Cottage, Yarnfield at Grid Reference 385919 332542 (Point A on the Plan) and running in a generally easterly direction past the front of Gorse Cottage for a distance of approximately 22 metres then crossing into the adjoining field Grid Reference 385941 332548 (Point C on the Plan). 

Part 2

Description of Site of New Path or Way 

Public Footpath commencing to the west of Gorse Cottage, Yarnfield at Grid Reference 385919 332542 (Point A on the Plan) and arcing in a generally south easterly then north easterly direction along the southern boundary of Gorse Cottage, Yarnfield (separated from the driveway and garden by a fence) for a distance of approximately 19 metres to Grid Reference 385935 332543 (Point B on the Plan) then in a north-easterly direction for approximately 8 metres to Grid Reference 385941 332548  (Point C on the Plan). 

The new footpath shall have a width of 1.5 metres throughout its length.

Part 3

Limitations and Conditions 

Kissing Gate to BS 5709 at Grid Reference 385935 332543 (Point B) 

Part 4 

Modification of Definitive Statement

Variation of Particulars of Path