Public Footpath No.66 (part) Loggerheads Parish Public Path 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 a highway shown 6r 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

24th day of September 2024 

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

Authorised Signatory

Confirmed as an unopposed order

Schedule

Part I

Description of Site of Existing Path

The full width of that part of Public Footpath No. 66 Loggerheads Parish commencing at its junction with Pinfold Lane at Grid Reference 370185, 334651 (Point A on the plan) and running in an easterly and then north­easterly direction for a distance of approximately 491 metres to Grid Reference 370662, 334740 (Point B on the plan).

Part 2

Description of Site of New Path

Public Footpath 2 metres wide commencing at its junction with Pinfold Lane at Grid Reference 370290, 334850 (point C on the plan) and running in a generally easterly direction for a- distance of approximately 397 metres to Grid Reference 370661, 334740 (Point B on the plan).

Part 3

Limitations and Conditions

Gates have been erected at grid reference 370291, 334850 (Point C on the Order Map) and at grid reference 370.604, 334791 (Point D on the Order Map). The gates are to be maintained by the landowner.

Part 4

Modification of Definitive Statement

Variation of Particulars of Path