Public Path Diversion Order – Public Footpath 162, Beelsby – Statement of Case

North East Lincolnshire Council

Public Footpath No. 162 Beelsby Public Path Diversion Order 2023

HIGHWAYS ACT 1980 SECTION 119

This Order is made by the North East Lincolnshire Council (“the authority”) under section 119 of the Highways Act 1980 (“the 1980 Act”) because in the interests of the owner of land crossed by the footpath described in paragraph 1 of this Order that in the interests of the owner of the land crossed by the path it is expedient that the line of the path should be diverted.

BY THIS ORDER

1. The public rights of way over the land situated at Beelsby House Farm in the Parish of Beelsby shown by a bold continuous line on the map contained in this Order and described in Part 1 of the Schedule to the Order shall be stopped up on the date on which North East Lincolnshire Council certify that work has been carried out to bring the site of the new highway mentioned in Part 2 of the schedule to this Order into fit condition for use by the public.
2. Notwithstanding paragraph 1 of this Order statutory undertakers shall have the same rights over the land referred to in paragraph 1 above, in respect of their apparatus under, in, upon over, along, or across the said land as they had immediately before the date of confirmation of this Order.
3. There shall at the end of 28 days from the date of confirmation of this Order be a Public Footpath over land situated at “Beelsby House Farm” in the Parish of Beelsby described in Part 2 of the schedule to this Order and shown as the broken line on the map attached to this Order.
4. The rights conferred on the public under the Order shall be subject to the limitations and conditions set out in Part 3 of the Schedule.
5. This Order may be cited as “North East Lincolnshire Council.
6. Public Footpath 162, Beelsby, Public Path Diversion Order 2023.

SCHEDULE

PART1
Description of site of the existing path

That part of Public Footpath 162 commencing at Public Footpath 162 at Ordnance Survey Grid Reference TA520904, 401752 (Point A on the plan attached) running in a south south easterly direction for approximately 143 metres in length to Ordnance Survey Grid reference TA520957, 401619 (point Bon the attached plan) to the continuation of Public Footpath 162.

For the avoidance of doubt the intention of this order is to stop up the highway described above in its entirety.

PART2
Description of site of alternative highway

A length of Public Footpath commencing at Public Footpath 162 Ordnance Survey Grid Reference TA520904, 401752 (point A on the attached plan) the path turns to a North Eastly direction for approximately 28 metres to Ordnance Survey Grid reference TA520925, 401772 (point C on the attached plan) where it changes direction to a South Easterly for approximately 54 metres to Ordnance Survey Grid reference TA520962, 401733 (point D on the attached plan) the path turns to a south westerly direction and runs for 31 metres to Ordnance Survey Map reference TA520952, 401703 (point E on the attached plan) where the path turns to a south westerly direction for 28 metres to Ordnance Survey Grid Reference TA 520931, 401682 (point Fon the attached plan) the path the changes direction to south south easterly and runs for 18 metres to Ordnance Survey Grid Reference TA520938, 401665 (Point G on the attached plan) the path then turns to a south south westerly direction to Ordnance Survey Grid Reference TA 520931, 401642 (point H on the attached plan) where the path then changes direction to south easterly for approximately 35 metres where it joins TA520957, 401619 (point Bon the attached plan) Public Footpath 162. An approximate total length of 224 metres.

The Public Footpath between A-C-D-E-F-G-H-8 will be one and a half metres wide.

PART3
Limitations and Conditions

None

THE COMMON SEAL of THE BOROUGH COUNCIL OF NORTH EAST LINCOLNSHIRE

was hereunto affixed this 4th January 2023 in the presence of:

K. Thompson

Authorised Signatory

Diversion Order:

Public Path Diversion Order – Public Footpath 162 (Word, 91KB)

Map:

Public Footpath 162 Map (PDF, 1MB)

Appendix:

Appendix 2 – Public Footpath 162, Proposed Diversion Photos (PDF, 6MB)

Appendix 4 – Planning Application 874/67 (PDF, 185KB)

Appendix 5 – Planning Application 506/68 (PDF, 204KB)

Appendix 6 – Planning Application 929/73 (PDF, 181KB)

Appendix 7 – Proposed Site Plan (PDF, 390KB)

Appendix 8 – Topographical Survey Plan (PDF, 665KB)

Appendix 9 – Landscape and Drainage Plan (PDF, 49KB)

Appendix 10 – Rights of Way Improvement Plan (PDF, 6MB)

Some documents in the register will not be accessible as they were produced by third party companies. If you need an accessible version of any of these documents then please email: [email protected]