Public Footpaths No. 81(C) (Part) & No 83 (Part) Wilnecote Quarry Tamworth) Public Path Diversion and Definitive Map and Statement Modification Order 2022

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.

Forterra Building Products Ltd of Birchwood Way, Somercotes, Alfreton, Derbyshire DE55 4NH 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 Tamworth 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 Tamworth 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 rights of way over the land situate at Wilncote Quarry in the Borough of Tamworth 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 Tamworth shall be modified by deleting from it that public right of way.

 2.     Where immediately before the date on which the footpaths are diverted there is apparatus under, in, on, over, along or across them 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 Wilncote Quarry in the Borough of Tamworth 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 Tamworth shall be modified by adding that path to it.

Given under the Common Seal of the Staffordshire County Council on

……………………………………………….. Two Thousand and Twenty Two

The Common Seal of

Staffordshire County Council

was hereunto affixed in the presence of: 

…………………………………………………..

Authorised Signatory

Schedule

Part 1 - Description of Site of Existing Path or Way 

The full width of that part of Public Footpath, Tamworth No 81(c) commencing at Grid Reference 422387 300265 (Point A on the Plan) and running in a generally south westerly direction for a distance of approximately 125 metres to Grid Reference 422298 300178 (Point B on the Plan) 

The full width of that part of Public Footpath, Tamworth No 83 commencing at Grid Reference 422298 300178 (Point B on the Plan) and running first in a generally south easterly direction for approximately 95 metres, then in south westerly direction for approximately 110 metres, and then again in a generally south easterly direction for a further 175 metres to Grid Reference 422445 299948 (Point C on the Plan) 

Part 2 - Description of Site of New Path or Way 

Public Footpath commencing at Grid Reference 422387 300265 (Point A on the Plan) and running in an easterly direction for a distance of approximately 38 metres before turning and running through the wooded boundary corridor of the quarry site in a generally southerly direction for a distance of approximately 342metres to Grid Reference 422445 299948 (Point C on the Plan) 

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

Part 3 - Modification of Definitive Statement

Variation of Particulars of Path