Public Footpath No. 15 (part) Heathylee Parish. Public Path Diversion & Definitive Map & Statement Modification Order 2020

Highways Act 1980 

Wildlife & Countryside Act 1981 

Staffordshire County Council 

(Public Footpath No. 15 (Part) Heathylee Parish)

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.

Mr G Norfolk of Fawside Farm, Longnor, Buxton, SK17 0RA 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.

The Staffordshire Moorlands District 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 District of Staffordshire Moorlands 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 Fawside Farm, Longnor in the Parish of Heathylee 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 District of Staffordshire Moorlands 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 Fawside Farm, Longnor in the Parish of Heathylee 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 District of Staffordshire Moorlands 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, Heathylee No 15 commencing at Grid Reference 407690 364901 (Point A on the Plan) and running in a generally east north easterly direction for a distance of approximately 212 metres to Grid Reference 407889 364964 (Point B on the Plan)

Part 2

Description of Site of New Path or Way 

Public Footpath commencing at Grid Reference 407690 364901 (Point A on the Plan) and running in an easterly direction for a distance of approximately 23 metres crossing a footbridge to Grid Reference 407713 364898 (Point C on the Plan), then turning and running in a generally southerly direction for approximately 21 metres to Grid Reference 407716 364877 (Point D on the Plan). The footpath then arcs in a generally north easterly direction for a distance of approximately 84 metres to Grid Reference 407780 364919 (Point E on the Plan) before turning and running east north easterly for a distance of approximately 63 metres to Grid Reference 407839 364942 (Point F on the Plan), then turning and running north for approximately 14 metres to Grid Reference 407837 364956 (Point G on the Plan) before running in an easterly direction along the southern side of the field boundary for a distance of approximately 53 metres to Grid Reference 407889 364964 (Point B on the Plan) 

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

Part 3

Limitations and Conditions 

Pedestrian Gate to BS 5709 at Grid Reference 407889 364964 (Point B) 

Part 4 

Modification of Definitive Statement

Variation of Particulars of Path 

Given under the Common Seal of the Staffordshire county Council on

1^st September Two thousand and twenty 

The Common Seal of

Staffordshire County Council

was hereunto affixed in the presence of: Authorised Signatory 

Confirmed as an unopposed order on the 28^th day of September 2021