Confirmed public footpath modification orders

Highways Act 1980

Wildlife & Countryside Act 1981

Staffordshire County Council

Public Footpath No. 8 (part) Maer Parish

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 Elliott Magginis, Maer Hills, Maerway Lane, Blackbrook, Newcastle-under-Lyme, Staffordshire ST5 5EN has 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.

Newcastle-under-Lyme Borough Council has 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 East Staffordshire 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 northwest of Maerway Lane Farm in the Parish of Maer 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 have been carried out to their reasonable satisfaction, and thereupon the Definitive Map for the area 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 northwest of Maerway Lane Farm in the Parish of Maer 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 area shall be modified by adding that path to it.

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.

Schedule  

Part 1 - Description of Site of Existing Path or Way

The full width of that part of Public Footpath Maer No. 8 commencing at Grid Reference 376130 340291 (Point A on the map) and running in a generally east-north-easterly then north-north-easterly direction for a distance of some 153 metres to Grid Reference 376243 340380 (Point B on the map)

Part 2 - Description of Site of New Path or Way  

Public Footpath commencing at Grid Reference 376122 340296 (Point D on the map) and running north-north-easterly for some 81 metres to Grid Reference 376173 340360 (Point C on the map) then east-north-easterly for some 72 metres to Grid Reference 376243 340380 (Point B on the map).

The new footpath shall have a width of 3.0 metres.

Part 3 - Limitations and Conditions

Kissing Gate to BS5709:2018 at Grid Reference 376121 340296 (Point D on the map)  

Kissing Gate to BS5709:2018 at Grid Reference 376243 340380 (Point B on the map).

Part 4 - Modification of Definitive Statement

Deletions

And in respect of the Parish of Maer the following statement shall be deleted:-

Additions

And in respect of the Parish of Maer the following statement shall be added:-

Given under the Common Seal of the Staffordshire county Council on

Two Thousand and Twenty Four  

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

Authorised Signatory