The application to divert the footpath away from Smallcombe Farm is now progressing with the help of a legal agent.
In early 2011 an application was made to the council (covered here), but little action was taken by the council as the processing of such applications is not a funded priority (covered here). To speed the process, the applicant has appointed their own agent to carry out the public consultation work.
Legal authority to decide whether to divert the path remains with the Council’s Regulatory Committee, which is chaired by Bathwick councillor Nicholas Coombes. However, the legal agent will provide all of the necessary research instead of the Public Rights of Way team. The agent, law firm Birketts of Ipswich, has now sent out consultation letters.
The application is to divert the path which runs from opposite the Youth Hostel to the Cemetery, alongside Smallcombe Farm. The applicants report that in recent years the increased use of the Natioal Trust promoted Skyline Walk has detrimentally affected their quality of live, with the intrusion of photographers and dogs onto their property, affecting their privacy and safety.
A new path has been created through the Bathwick Meadow field, the orchard and down the hillside to the cemetery access road. The path is currently a permissive path, ie users may use it without legal designation. The applicant hopes that eth replacement path can become the legal route, with the tree-lined and stepped route being stopped up. The new path is 150m longer, but the applicants argue that he views are better.
The public consultation now begun is on a ‘draft order’ that will be put before the Regulatory Committee. The committee will decide whether to make a full Diversion Order, which will itself be available for consultation before being confirmed by either the committee or a government inspector at a later date.
If you support or oppose a diversion, please take part in the consultation so that the committee can take your views into account. Please email them to carol-ramsden@birketts.co.uk by 4th March. There are five relevant questions that the committee will consider, which you might use in your response:
- Is the diversion ‘expedient’; ie is it useful or necessary to the landowner/applicant?
- Does the new path have the same ‘point of termination’; ie does it go between the same places?
- Is the ‘enjoyment’ of the path altered; are views or access to historic/interesting points gained or lost?
- What is the effect on the ‘convenience’ of the path; is it longer or more difficult to walk, does it run through boggy patches?
- What happens to ‘affected land’ along the routes; will parcels of land be isolated or will the new route be detrimental to neighbouring uses?
“Please do take part in the consultation,” said Bathwick councillor Nicholas Coombes, “As committee chair I should not comment on the application yet, but I do want all residents to have their say. I will also make sure that the Regulatory Committee meets at a time and place which is convenient for residents to take part.”