Public-Footpath-No-65-off-Ash-Flats-Lane-Stafford-Town-Centre-Public-Path-Diversion-Definitive-Map-Statement-Modification-Order-2020

Highways Act 1980 

Wildlife & Countryside Act 1981 

Staffordshire County Council 

Public Footpath No. 65 (Off Ash Flats Lane) Stafford Town

Public Path Diversion and Definitive Map and Statement Modification Order 2020 

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.

Kier Highways Limited of 81 Fountain Street, Manchester M2 2EE 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: 

1. The public right of way over the land situate at Ash Flats Lane, Stafford 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.

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 upon the date of confirmation of this Order be a public footpath over the land situate at Ash Flats Lane, Stafford 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. 

Schedule

Part 1

Description of Site of Existing Path or Way 

The full width of that part of Public Footpath, Stafford Town No 65  commencing at its junction with Ash Flats Lane, Stafford at Grid Reference 392283 319622 (Point A on the Plan) and running down the highway embankment via a flight of steps in a generally south easterly direction for a distance of approximately 12 metres to Grid Reference  392294 319615 (Point B on the Plan). 

Part 2

Description of Site of New Path or Way 

Public Footpath commencing at its junction with Ash Flats Lane, Stafford at Grid Reference 392314 319667 (Point C on the Plan) and running in a generally south easterly direction down a flight of steps then turning and running in a generally south south-westerly direction along the base of the highway embankment for a distance of approximately 60 metres to Grid Reference 392294 319615 (Point B on the Plan) 

The new footpath shall have a width of 1.2 metres throughout its length. 

Part 3

Modification of Definitive Statement

Variation of Particulars of Path

 Given under the Common Seal of the Staffordshire county Council on 8^th December Two thousand and Twenty 

The Common Seal of Staffordshire County Council

was hereunto affixed in the presence of: Wendy Lofthouse (Authorised Signatory)