Public Footpath No. 0.1620 Stowe By Chartley Parish Public Path Diversion and Definitive Map and Statement Modification Order 2019

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 and Mrs Byrne of Upper Farm, Drointon Lane, Drointon, Staffordshire ST18 0LX have 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: 

The public right of way over the land situate at Upper Farm, Drointon in the Parish of Stowe by Chartley 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. 

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. 

There shall upon the date of confirmation of this Order be a public footpath over the land situate at Upper Farm, Drointon in the Parish of Stowe by Chartley 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. 

The rights conferred on the public under this order be subject to the limitations and conditions set out in Part 3 of the schedule. 

Schedule 

Part 1

Description of Site of Existing Path or Way 

The full width of that part of Public Footpath, Stowe by Chartley No 0.1620 commencing on Drointon Lane at Grid Reference SK 02402 26829 (Point A on the Plan) and running in a generally east south easterly direction through the building of Upper Farm, Drointon Lane, Drointon for a distance of approximately 130 metres to Grid Reference SK 02494 26753 (Point B on the Plan) 

Part 2

Description Of Site Of New Path Or Way 

Public Footpath commencing at its junction with Drointon Lane at Grid Reference SK 02418 26853 (Point E on the Plan) and arcing in a generally south east by south direction for a distance of approximately 47 metres to Grid Reference SK 02449 26816 (Point D on the Plan) and then in an east south-easterly direction to Grid Reference SK 02512 26795 (Point C on the Plan) for approximately 69 meters where it turns and runs in a south south-westerly direction for a distance of approximately 47 metres to rejoin Public Footpath, Stowe by Chartley No 0.1620 at Grid Reference SK 02494 26753 (Point B on the Plan) 

The new footpath shall have a width of 1.8 metres throughout its length. 

Part 3

Limitations and Conditions 

Kissing Gate to BS 5709 at Grid Reference SK 02418 26853 (Point E)

Pedestrian Gate to BS 5709 at Grid Reference SK 02449 26816 (Point D)

Pedestrian Gate to BS 5709 at Grid Reference SK 02512 26795 (Point C) 

Part 4 

Modification of Definitive Statement

Variation of Particulars of Path 

Given under the Common Seal of the Staffordshire County Council on 28^th November Two thousand and Nineteen 

The Common Seal of

Staffordshire County Council

was hereunto affixed in the presence of: Authorised Signatory 

Confirmed as an unopposed Order on the 4^th day of August Two Thousand and Twenty