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PUBLIC PATH DIVERSION AND
DEFINITIVE MAP AND STATEMENT MODIFICATION ORDER
HIGHWAYS ACT 1980
WILDLIFE AND COUNTRYSIDE ACT 1981
SHROPSHIRE COUNCIL
THE SHROPSHIRE COUNCIL (FOOTPATH 14 (PART) PARISH OF
PONTESBURY)
PUBLIC PATH DIVERSION ORDER 2022.
This Order is made by the Shropshire Council (“the Council”) under
section 119 of the Highways Act 1980 (“the 1980 Act”) because it appears to
the Council that in the interests of the landowner of the land crossed by the
footpath described in paragraph 1 of this order it is expedient that the line of
the way should be diverted.
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 Shropshire
definitive map and statement 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 situated at Lower Mill Kennels
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 on the
date that the Council certifies that works have been carried out to bring the
site of the new footpath described in Part 2 of the Schedule to this Order into
a fit condition for use by the public and thereupon the Shropshire definitive
map shall be modified by deleting from it the public right of way to be stopped
up.
FP 14 Pontesbury
2. Notwithstanding paragraph 1 of this Order statutory undertakers
shall have the following rights over the land referred to in paragraph 1 above,
namely: 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 right in respect of the apparatus as they then
had.
3. There shall on the date of confirmation of this Order be a public
footpath over the land situated at Lower Mill Kennels described in Part 2 of the
Schedule and shown by bold broken lines on the map contained in this Order
and thereupon the Shropshire definitive map shall be modified by adding that
path to it.
3A. The Shropshire definitive statement shall be modified as described
in Part 4 of the Schedule to this order.
4. 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.