Issue - meetings

Chelsfield and Pratts Bottom Ward

Report ES15009

Public right of way 258 runs from Pecks Cottages Church Road at its northern end, southwards in varying sections of Footpath, Bridleway and Byway, for some 3.5km to the Borough Boundary with Kent County Council at Washneys Road. The route was shown on an extract from the Council’s Definitive Map attached to the report, together with photographs showing examples of the nature and width of the footpath along its route together with photographs of other footpaths nearby.

The section of the route affected by the current diversion application related to a short length of footpath (approximately 36m) running from Church Road diagonally through land at 2 Pecks Cottages, shown on drawing 11858-01.

A similar diversion had been proposed by the previous owner of the property in 1995. That application was considered by the then Environmental Services (Operations) Sub-Committee on 3 September 1996, when it was resolved to make a Public Path Diversion Order.

The ensuing diversion order was subsequently made and objections were received from both the Ramblers Association and EnBro on a number of grounds. These resulted in the matter being considered at a Public Inquiry held in November 1998. (The Inspector’s report dated 5 March 1999 was appended to the report submitted to the Sub-Committee.) In all but one issue the Inspector was not opposed to the Order, however on the ground of public enjoyment of the way as a whole he found the objector’s argument persuasive and decided not to confirm the Order.

The current owner of 2 Pecks Cottages had been made aware of the history but nonetheless, decided to make the current diversion application to the Council under section 119 of the Highways Act 1980 on the basis that such diversion was in his interest.

The current route of the footpath ran diagonally across land that although having an agricultural designation, was being used for garden purposes. It was understood that the intention of the applicant was to make an application for a change of use to the Council. The applicant had made the diversion request on the ground that it would enable him to maximise his use/enjoyment of the land by not having a footpath running diagonally across the middle of his garden. The diversion was also perceived to have security benefits for the property.

The applicant had recently fenced the garden land and created a permissive alternative route for use by walkers around the garden. The proposal was for the path to run around the outside of the fenced garden along the permissive route currently available.

The applicant had made an informal offer to maintain the route of the diversion on behalf of the Council should his request ultimately prove successful. Such an informal arrangement would, however, not affect the Council’s maintenance responsibility for the path as a highway. .

Extensive informal consultation had been carried out including Ward Members, Environment Bromley, local Residents Associations, local Ramblers Association and British Horse Society representatives and public utility companies. No objections had  ...  view the full minutes text for item 5