Issue - meetings

This report seeks authority to make the required order to divert part of Public Footpath York (Dunnington) No9 from a cross-garden section, to the driveway of the same property, using S119 of the Highways Act 1980. The Executive Member is recommended to approve Option A and authorise the making of the proposed public path diversion order.

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised to approve Option A so that;

(i)         The Director of City Strategy be authorised to instruct the Head of Legal Services to make a Public Path Diversion Order, York Footpath (Dunnington) No9.

(ii)        If no objections are received to the making of the order, or that if any objections that are received are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order recommended in 1. above.

(iii)       If objections are received and not subsequently withdrawn, a further report be placed before the Committee, to enable Members to consider whether or not to pass the Order to the Secretary of State for determination.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:      To meet the legislative requirements set out in paragraph 4, where allowing the diversion will be to the benefit of the landowner and also the public.

This report sought authority to make the required order to divert part of Public Footpath York (Dunnington) No9 from a cross-garden section, to the driveway of the same property, using S119 of the Highways Act 1980. Members were presented with the following Options:

Option A:      Divert the public right of way, from its present alignment across a private garden, to the driveway of the same property.

Option B:      Do nothing and leave the footpath open to the public along its present alignment.

Advice of the Advisory Panel

That the Executive Member for City Strategy be advised to approve Option A so that;

(i)         The Director of City Strategy be authorised to instruct the Head of Legal Services to make a Public Path Diversion Order, York Footpath (Dunnington) No9.

(ii)        If no objections are received to the making of the order, or that if any objections that are received are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order recommended in 1. above.

(iii)       If objections are received and not subsequently withdrawn, a further report be placed before the Committee, to enable Members to consider whether or not to pass the Order to the Secretary of State for determination.

Decision of the Executive Member

RESOLVED:That the advice of the Advisory Panel be accepted and endorsed.

REASON:      To meet the legislative requirements set out in paragraph 4, where allowing the diversion will be to the benefit of the landowner and also the public.