Please see below Public Rights of Way (PROW) proposal received from the Public Rights of Way Regulatory Services at Cornwall Council

Downloadable version of map

Proceedings under Section 118 and 119 of the Highways Act 1980;

Preliminary Consultation

Proposed Diversion of Unrecorded Rights and the Extinguishment of PublicFootpath 12

At “Millbrook Business Park” in the Parish of Millbrook

Introduction

Cornwall Council are proposing for the extinguishment of Footpath 12 in the parish of Millbrook and the diversion of Unrecorded Rights in the Parish of Millbrook. The details of the extinguishment and diversion proposal are shown on the attached Consultation Plan and described in the description below.

The application was made by Cornwall Council with the permission of Mr Turner and  the second affected landowner, Mr Rogerson own parts of the area of land affected by the proposal. The proposal is deemed to be in their interest for more efficient use of the land.

The purpose of this email is solely to carry out informal consultations and invite feedback concerning the changes to the public rights of way which are proposed.

Please ensure that your comments are received by Monday 13^th July.

Please see the attached Pro Forma Response Sheet and Consultation Plan, which indicate the effect of the diversion proposal.

The Proposals

Description of Ways to be Extinguished and Created

The Existing Right of Way
Section to be Extinguished	“START POINT”	“FINISH POINT”	Length of Section	Shown As
FP 12Millbrook	Beginning of Footpath 12Millbrook where it meets the southern end of Bridleway 11 Millbrook, approximately 106 metres north from Millbrook Business Park at OSGR SX 41238 / 52818 POINT A	Southern endpoint of Footpath 12 Millbrook coming out on to unclassified road U6152, approximately 51 metres southeast of Millbrook Business Park at OSGR SX 41277 / 52671 POINT B	152 metres	Dashed  RED line on Map A to B
Section to be Extinguished	“START POINT”	“FINISH POINT”	Length of Section	Shown As
UnrecordedRights	Beginning of Footpath 12Millbrook where it meets the southern end of Bridleway 11 Millbrook, approximately 106 metres north from Millbrook Business Park at OSGR SX 41238 / 52818 POINT A	After coming along the eastern land boundary of Gallows Park Millbrook and leading out onto unclassified road U6152, approximately 37 metres southwest of Millbrook Business Park at OSGR SX 41216 / 52689 POINT C	154 metres	Line and Dash RED line on Map A to C

The Proposed Revised Highway
Section to be Created	“START POINT”	“FINISH POINT”	Length of Section	Shown As
PublicBridleway  Millbrook CP	Beginning of Footpath 12Millbrook where it meets the southern end of Bridleway 11 Millbrook, approximately 106 metres north from Millbrook Business Park at OSGR SX 41238 / 52818 POINT A	Southern endpoint of Footpath 12 Millbrook coming out on to unclassified road U6152, approximately 51 metres southeast of Millbrook Business Park at OSGR SX 41273 / 52674 POINT B	157 metres	Line and Dash Green line on Map A to D

Width of Revised Path	Details of “Definition” of Revised Path
Open Path	Where the Revised Public Footpath crosses open land, the width of the path is proposed no be no less than 2 metres.

Information about Provided Maps

Maps are provided at a scale between 1:500 and 1:2,500 to illustrate the effect of the proposal sufficiently clearly for the purpose of preliminary consultations. The paths proposed to be extinguished are shown by red lines on the map, paths proposed to be created are shown by green lines and paths to be retained are shown by black lines. This plan is provided at a scale convenient for measuring by way of a scale rule.

 

Technical Matters

Should Cornwall Council exercise its powers to make an order or orders under the powers of Highways Act 1980 then the Council would bear in mind those issues that are pertinent to both the making and confirmation of such orders.

Where public rights of way are diverted by order under the Highways Act 1980, the alternative highways created by the order become highways maintainable at the publicexpense. The Council also recognises the provisions of Disability Discrimination legislation and attempts where possible to make paths more convenient for public use.

Any order made by the Council will contain the usual provisions in respect of the rights of Statutory Undertakers.

 

General Comments

Section 118(6) of the Highways Act 1980 requires highway authorities to disregard any temporary circumstances preventing or diminishing the use of the path by the publicwhen considering whether to make or confirm a Public Path Extinguishment Order.  It has been the practice of this authority to take a similar approach for the making and confirmation of Public Path Diversion Orders.  Where existing rights of way are obstructed by structures which are part of the built environment and where there is no realistic expectation that the structures will be removed, the Council may make a PublicPath Diversion Order in lieu of the removal of the structures.  It is not considered that the obstruction of the existing sections of path is fatal to the application.  In considering whether the diversion proposal meets the legislative tests the Council will take account of the existing path as if it were unobstructed.

Any order made by the Council will be of the form required by the legislation and will provide that no Right of Way may be stopped up until such time as the Authority Certifies that the alternative highway has been provided in a satisfactory fashion.