Public Footpaths No.6 & 22 Heaton Parish. Public Path Diversion & Definitive Map & Statement Modification Order 2020

Public Path Diversion and Definitive Map and Statement Modification Order 

Highways Act 1980 

Wildlife & Countryside Act 1981 

Staffordshire County Council

(Public Footpaths No. 6 & 22 Heaton 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.

Mrs Helen Whiteley of Heaton Low, Swythamley, Rushton Spencer, SK11 0RE 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 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 rights of way over the land situate at Heaton Low in the Parish of Heaton and shown by bold continuous lines 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 those public rights of way. 

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. 

There shall upon the date of confirmation of this Order be a public footpath over the land situate at Heaton Low in the Parish of Heaton 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

Public Footpath, Heaton No 6

The full width of that part of Public Footpath, Heaton No 6 commencing at Grid Reference 395441 363280 (Point A on the Plan) and running in a generally south westerly direction for a distance of approximately 70 metres across the field and then through the garden of the property known a Heaton Low to Grid Reference 395407 363220 (Point B on the Plan) and then continuing in a generally south westerly direction for a distance of approximately 145 metres along the driveway to the property to Grid Reference 395314 363125 (Point C on the Plan) 

Public Footpath, Heaton No 22 

The full width of that part of Public Footpath, Heaton No 22 commencing at Grid Reference 395438 363236 (Point D on the Plan) and running in a generally east south easterly direction for a distance of approximately 36 metres across the field and then through the garden of the property known as Heaton Low to Grid Reference 395407 363220 (Point B on the Plan)

Part 2

Description of Site of New Path or Way 

Public Footpath commencing at Grid Reference 395441 363280 (Point A on the Plan) and running in a generally southerly direction for a distance of approximately 79 metres to Grid Reference 395434 363202 (Point E on the Plan) where it turns and runs in a generally south westerly direction for a distance of approximately 147 metres to Grid Reference 395314 363125 (Point C on the Plan) 

The new footpath shall have a width of 2 metres throughout its length and is located 1 metre from the root of the hedge between points E and C on the Plan.

Part 3

Limitations and Conditions 

• Pedestrian Gate to BS 5709 at Grid Reference 395314 363125 (Point C)
• Pedestrian Gate to BS 5709 at Grid Reference 395408 363192 (Point F)

Part 4

Modification of Definitive Statement

Variation of Particulars of Path 

Given under the Common Seal of the Staffordshire County Council on 8 December 2020

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

Authorised Signatory