Public Footpath No.51 (Part) Loggerheads Parish Public Path Diversion and DMMO 2024

Public Path Diversion and Definitive Map and Statement Modification Order

Highways Act 1980 Wildlife and 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 owner of the land crossed by the footpath described in Paragraph 1 of this Order it is expedient that part of the line of the path should be diverted.

Newcastle under Lyme Borough Council have been consulted and they have consented to the making of the Order as required by Section 120(2) of the 1980 Act.

This Order is also made under Section 53(2)(a) of the Wildlife and Countryside Act 1981 ("the 1981 Act") because it appears to the authority that the Definitive Map and Statement for the Borough of Newcastle under Lyme 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 part 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 Loggerheads 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 from the date of confirmation of this Order, and therefore the Definitive Map and Statement for the Borough of Newcastle under Lyme shall be modified by deleting from it part of 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 from the date of confirmation of this Order and on certification of compliance be a public footpath over the land situate at Loggerheads described in Part 2 of the Schedule and shown by a bold broken line on the map contained in this Order and thereby the Definitive Map for Newcastle under Lyme shall be modified by adding that part of the path to it.

4.     The Definitive Statement for the Borough of Newcastle Under Lyme shall be modified as described in Part 4 of the Schedule to this Order.

5.     The rights conferred on the public under this Order shall be subject to the limitations and conditions set out in Part 3 of the Schedule.

Given under the Common Seal of Staffordshire County Council on the 22 day of October 2024.

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

Schedule Part 1

Modification of Definitive Map

Description of Site of Existing Path

A length of public footpath from point A on the map (NGR 373370,335747) running in a generally east north easterly direction for approximately 45 metres to point Bon the map (NGR 373409, 335769), then in a generally east north easterly direction for approximately 97 metres to point C on the map (NGR 373498, 335816), then in a generally north easterly direction for approximately 66 metres to point D on the map (NGR, 373540, 335858) its junction with the south side of the "Market Drayton Road" approximately 115 metres west of Loggerheads fire station. Shown on the map as a continuous black line.

Part 2

Description of Site of New Path

A length of public footpath from point A on the map (NGR 373370, 335747) running in a generally north easterly direction for approximately 30 metres to point E on the map (NGR 373384, 335772), then running in a generally east north easterly direction for approximately 25 metres to point B on the map (NGR 373409, 335769), then running in a generally east south easterly direction for approximately 72 metres to point Fon the map (NGR 373478, 335751), then in a generally north westerly and then north easterly direction for approximately 99 metres to point C on the map (NGR 373498, 335816), then in a generally northerly direction for approximately 52 metres to point G on the map (NGR 373503, 335858), then in a generally easterly direction for approximately 36 metres to point D on the map (NGR 373540, 335858) its junction with the south side of the "Market Drayton Road" approximately 115 metres west of Loggerheads fire station. Shown on the map as a broken black line.

Width: The new route shall have a prescribed width of 2 metres.

Part 3 Limitations and Conditions

None.

Part 4

Modification of Definitive Statement Variation of Particulars of Path: