Footpath Diversion Order, Boggard Lane, Charlesworth

My Ref: NB/FDO008721

Clerk to Charlesworth Parish Council By E-mail

6th September 2017

Dear Ms Wingrove,

FOOTPATH DIVERSION ORDER, BOGGARD LANE, CHARLESWORTH

Thank you for your consultation response in relation to the making of an order to divert Footpath 14. As I understand it the objection the Parish Council have made is that the diversion is not necessary.

I thank you for allowing me to respond so the Parish Council can reconsider their initial response. Any objection if not withdrawn prevents the Borough Council from confirming the order which then has to be referred to the Secretary of State and is dealt with in the same way as a planning appeal. I have written to you separately about the issue of costs and I am sure you will advise your members as you consider appropriate.

Footpath 14 is a public right of way registered on the definitive footpath map at Derbyshire County Council and has the protection of the Highways Act to prevent it from being moved or obstructed without certain procedures having been gone through, hence the diversion order made by the Council that you object to.

One of the statutory reasons for moving a footpath (albeit a very short distance) is the approval of a planning application that cannot be completed without moving the footpath. In this particular instance the applicant was obliged to move the footpath to accommodate advice from the conservation officer on design and from the highways authority to meet their requirements. The approved plans require the movement of the footpath only for a short distance from existing.

In those circumstances an order can be made to move the footpath because it is necessary in order that the applicant can implement their planning consent. A separate application is made to enable the diversion which was considered and approved by this Council at Development Control Committee 8th May. The Borough Council cannot refuse to make the order in circumstances where the alternative route is not less commodious, ie much further, or steeper, or less convenient, as this

P O Box 136 Buxton Derbyshire SK17 1AQ Phone 0845 129 77 77 or 01298 28400 Fax 01298 27639 Website www.highpeak.gov.uk Mobile Text No. 078 0000 2262 would be inconsistent with its decision to grant planning permission. In this case the route is much less steep and as you say in your response only a matter of a few feet. Although it does take the footpath onto a vehicular track this short piece of the footpath (some 14.5 metres) then links up with footpath 84 which runs the entire length of another track also used by the same properties for a much greater distance from the adopted road.

I would be grateful if the Parish Council could consider whether they would consider withdrawing their objection so that a referral to the Secretary of State is not required in this case and thank your Councillors in advance for their time.

Yours sincerely,

Nicola de Bruin Solicitor Legal Services

P O Box 136 Buxton Derbyshire SK17 1AQ Phone 0845 129 77 77 or 01298 28400 Fax 01298 27639 Website www.highpeak.gov.uk Mobile Text No. 078 0000 2262