NOTICE OF PUBLIC PATH ORDER

HIGHWAYS ACT 1980

MID DISTRICT COUNCIL ( FOOTPATH NO 20(PART)) PUBLIC PATH DIVERSION ORDER 2020

The above order, made on 30 January 2020 under section 119 of the Highways Act 1980, will divert the entire width of that part of Pettaugh Public Footpath No 20 at Pettaugh Hall commencing at Ordnance Survey grid reference (OSGR) TM16595907 and proceeding in a south easterly direction for approximately 183 metres to OSGR TM16745896 to a new line running from OSGR TM16595907 and proceeding in a north easterly direction for approximately 88 metres along a field edge to OSGR TM16655913 then in a south easterly direction for approximately 170 metres along a field edge to OSGR TM16785901 then in a south westerly direction for approximately 65 metres along a field edge passing to the south east of an Ash tree after 44.5 metres to join the existing route at OSGR TM16745896 as shown on the order map.

A copy of the order and the order map and an explanatory statement have been placed and may be seen or obtained free of charge at the Endeavour House address below between the hours of 08:00 - 16:30. They may also be viewed at Library, School Corner, Debenham, Sowmarket, IP14 6PL between the hours of 09:30-13:00 Tues, 15:00-19:30 Weds, 09:00-13:00 Sat 12:00-16:00 Sun or at www.suffolkpublicrightsofway.org.uk/home/public-notices-about-legal-orders

Any representations about or objections to the orders may be sent in writing to Mrs C Clements, Assistant Director Environment and Commercial Partnerships at the address below not later than 5 March 2020. Please state the grounds on which they are made. Please note that any such correspondence cannot be treated as confidential and may be inspected by any interested party.

If no representations or objections are duly made, or if any so made are withdrawn, District Council may confirm the order as an unopposed order. If the order is sent to the Secretary of State for the Environment, Food and Rural Affairs for confirmation any representations and objections which have not been withdrawn will be sent with the order.

Dated: 6 February 2020

C Clements Assistant Director Environment and Commercial Partnerships Endeavour House 8 Russell Road IP1 2BX

THIS IS AN EXPLANATORY STATEMENT AND DOES NOT FORM PART OF THE ORDER

HIGHWAYS ACT 1980

PUBLIC PATH ORDER

Under the Highways Act 1980, county and district councils have the power to make orders to create, extinguish (close) or divert public rights of way. A notice that such an order has been made has to be advertised on the site of the path in question and in the local press. This provides an opportunity for objections or representations to be made to the proposed change.

The District Council has made an order to divert part of Pettaugh Footpath No 20 following application from the owners of the land crossed by the route. This statement has been prepared to explain various aspects of the order.

The applicants’ reasons for requesting the diversion are summarised below:

“The existing footpath passes close to the back of the house, running through the garden.

What are now the grounds of Pettaugh Hall were sold by the Estate in two tranches. The first, in June 1971, did not include the field to the north of the house, which was used for grazing. Footpath No 20 ran along the southern facing edge of this field and historically was quite separate from the farmhouse and its residents. The field was sold in September 1973 to extend the grounds. Hedging and ditching were partially removed. The net effect is to leave the footpath exposed 15 metres from the main living area of the house.

The application is in the interests of all who live at Pettaugh Hall, in terms of improving privacy and security. The former has become particularly pertinent now that the daughter of the owners is a teenager and, for example, wishes to sunbathe with school friends in the garden in the summer months. The latter issue arises from the issue that it is perfectly legal for any party to “observe” at close quarters what is a relatively remote house, at any time, by right.

Re-routing the footpath reduces the problem of keeping chickens and geese, which the owners would like to re-stock, from the natural attentions of (local) dogs on a walk.

The existing footpath passes in front of the room where the owners and family spend most of their time. The bay window looks out onto the garden and all family meals are taken at the table in the bay window. The table is used as a desk to spread out papers ad work. The living area is the warmest part of the house.

The owners would like it to be noted that a number of local users of the footpath have expressed a natural unease about walking past their living area.

The proposed route is on field margins maintained as part of normal farming practice.

The proposed footpath runs along the outer margins of field under cultivation. The proposed route follows a deciduous hedge interspersed with mature oaks and ash, following the line of a boundary hedge. The pathway surface is free from roots.”

The proposed footpath will be 1.5 metres wide.

The Council is satisfied that the diversion order complies with the legal grounds and tests laid down in the Highways Act.

Cont.

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It considers that the proposal is in the interests of the owners of the land, that the order does not alter any termination points of the footpath other than to other points on the same route or highways connected with it and which are substantially as convenient to the public, that the proposed route will not be substantially less convenient to the public as a consequence of the diversion and that the proposal will not have an adverse effect on public enjoyment of the route as a whole.

There will be no adverse impact on agriculture, forestry, flora, fauna or nature conservation.

The proposal is not contrary to any of the provisions of Suffolk County Council’s Rights of Way Improvement Plan 2020-2030.

The order will come into effect only after it has been confirmed: making and advertising the order simply provides an opportunity for objections or representations to be made.

Where a new path is being created (by a creation or diversion order) the change will come into effect only after a specified period from the date of confirmation to allow time for any necessary works to be undertaken.

Objections or representations relating to the diversion order must be made in writing by 5 March 2020 to Mrs C Clements, Assistant Director Environment and Commercial Partnerships, Endeavour House, 8 Russell Road, Ipswich IP1 2BX.

The Council is willing to discuss the concerns of those considering objecting or making representations relating to the order. Please contact Sharon Berry at the above address or telephone on 01449 724634.

The right of objection to an order is a statutory right, but it should be exercised in a reasonable manner. The costs involved in dealing with objections to orders are normally awarded against objectors only in cases of unreasonable behaviour.

If any objections are made and not withdrawn then the council will have to refer the order to the Department of the Environment, Food and Rural Affairs for determination. An Inspector from the Planning Inspectorate will then hear the objections at a public inquiry or hearing, or in writing if the objectors agree. The Inspector can confirm an order, confirm it with modifications, or refuse to confirm it. If no objections are received the Council will be able to confirm the order itself but it has no power to modify orders.

C Clements Assistant Director Environment and Commercial Partnerships Mid Suffolk District Council

Date: 30 January 2020

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