Public Footpath SD245, Ash-Cum-Ridley Definitive Map Modification Order and Diversion and Definitive Map and Statement Modification Order 2024

Consultation has concluded

The Wildlife and Countryside Act 1981 states that the Highway Authority may make a Definitive Map Modification Order to amend the Definitive Map and Statement where it is considered that a public right of way is shown on the wrong alignment.

The County Council has made a Definitive Map Modification Order (‘DMMO’) under the Wildlife and Countryside Act 1981 S.53 on the basis that the historical mapping consistently shows part of public footpath SD245 on a different alignment (as shown by the purple line in the DMMO) to that recorded on the current Definitive Map. The reasons are set out in further detail in the delegated authority report which is available on request from the Public Rights of Way Officer.

This amended alignment would impact the security and privacy of the landowner’s business, and as such, following consultation, a diversion order under The Highways Act 1980 S.119 has also been made alongside the DMMO.

Under The Highways Act 1980, the County Council has the power to make Orders to create, extinguish or divert footpaths and bridleways. Legislation affecting this proposal is contained within Section 119 of The Highways Act 1980. The grounds for a diversion are that it is either in the interest of the owner/occupier of the land and/or of the public. The Wildlife and Countryside Act 1981 amended the grounds by which a public path may be diverted.

It should, however, be noted that Section 119 also provides that the path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the Order having regard to the effect which the diversion would have on public enjoyment of the path or way as a whole.

Kent County Council is satisfied that the proposed new route is in the interest of the landowner. In addition, it will not be substantially less convenient to the public, nor will any enjoyment be lost by the diversion.

If both orders are confirmed, then the alignment will be amended and then simultaneously diverted to a new 2.0 metre wide route as shown on the diversion order plan by the broken line between Points A-B.

The Wildlife and Countryside Act 1981 states that the Highway Authority may make a Definitive Map Modification Order to amend the Definitive Map and Statement where it is considered that a public right of way is shown on the wrong alignment.

The County Council has made a Definitive Map Modification Order (‘DMMO’) under the Wildlife and Countryside Act 1981 S.53 on the basis that the historical mapping consistently shows part of public footpath SD245 on a different alignment (as shown by the purple line in the DMMO) to that recorded on the current Definitive Map. The reasons are set out in further detail in the delegated authority report which is available on request from the Public Rights of Way Officer.

This amended alignment would impact the security and privacy of the landowner’s business, and as such, following consultation, a diversion order under The Highways Act 1980 S.119 has also been made alongside the DMMO.

Under The Highways Act 1980, the County Council has the power to make Orders to create, extinguish or divert footpaths and bridleways. Legislation affecting this proposal is contained within Section 119 of The Highways Act 1980. The grounds for a diversion are that it is either in the interest of the owner/occupier of the land and/or of the public. The Wildlife and Countryside Act 1981 amended the grounds by which a public path may be diverted.

It should, however, be noted that Section 119 also provides that the path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the Order having regard to the effect which the diversion would have on public enjoyment of the path or way as a whole.

Kent County Council is satisfied that the proposed new route is in the interest of the landowner. In addition, it will not be substantially less convenient to the public, nor will any enjoyment be lost by the diversion.

If both orders are confirmed, then the alignment will be amended and then simultaneously diverted to a new 2.0 metre wide route as shown on the diversion order plan by the broken line between Points A-B.

Consultation has concluded

  • 13 June 2024

    CLOSED: This discussion has concluded.

    These orders were confirmed and come into effect on 13 June 2024

    Copies of the confirmed orders and notices can be found in the Documents section