Footpath 160 (in part) – The Former Harrow Inn, Harrow Road, Bulphan
Public Path Diversion and Definitive Map Statement, Modification Order 2019
Highways Act 1980 and Wildlife and Countryside Act 1981
This Order is made by Thurrock Borough Council ("the authority") under section 119 of the Highways Act 1980 ("the 1980 Act") because it appears to the authority that in the interests of the public and the owner of the land crossed by Footpath 160 described in paragraph 1 of this Order it is expedient that the line of Footpath 160 should be diverted.
This Order is also made under section 53A(2) and 53(2)(b) of the Wildlife and Countryside Act 1981("the 1981 Act") because it appears to the authority that the Definitive Map and Statement will require modification in consequence of the occurrence of an event specified in sections 53(3)(a)(ii) and (iii) of the 1981 Act, namely the diversion (as authorised by this Order) of a highway shown or required to be shown in the Definitive Map and Statement.
B and J Jarvis have agreed to carry out and pay for all of the costs for the works to be carried out to the diverted route to bring the new part of the footpath (described in paragraph 3 of this Order) into a fit condition for the public to use and to pay in full the authority's fees for advertising and administration.
By this order:
1. PROVIDED THAT the new footpath (described in paragraph3 of this Order) has been constructed to the satisfaction of the authority and is open to and available for public use, then the public right of way over the land situated at The Former Harrow Inn, Harrow Road, Bulphan and shown by the dotted line between A and B on the map contained in this Order (Appendix 1) and described in Part 1 of the Schedule to this Order shall be stopped up after 2 months from the date of the confirmation of this Order, and thereafter the authority's Definitive Map and Statement shall be modified by deleting from it that part of the public right of way.
2. Notwithstanding paragraph 1 of this Order, where immediately before this Order there is apparatus under, in, on, over, along or across Footpath 160 belonging to statutory undertakers for the purpose of carrying on their undertaking, those undertakers shall continue to have the same rights in respect of the apparatus they then have.
3. There shall at the end of 2 months from the date of confirmation of this Order be a public footpath constructed to the satisfaction of the authority over the land situated at The Former Harrow Inn, Harrow Road, Bulphan described in Part 2 of the Schedule and shown by a bold solid line on the map contained in this Order (Appendix 1), and thereupon the authority's Definitive Map and Statement shall be modified by adding the new part of footpath to it.
4. The authority's Definitive Map and Statement shall be modified as set out in Part 4 of the Schedule to this Order.
5. The rights conferred on the public under this Order shall be subject to the limitations and conditions set out in Part 3 of the Schedule to this Order.
Part 1 – description of site of existing footpath
From the junction with Harrow Road and Bridleway 219 in a general easterly direction to the property boundary for a distance of approximately 114m and shown on the attached plan (Appendix 1) by the dotted line between A and B.
Part 2 – description of site of new section of footpath
As shown on the attached plan (Appendix 1) with a bold solid line, from Bridleway 219 at a point on Harrow Road 58m south of its current position to point B for a width of not less than 2m throughout; this new section of footpath runs from Harrow Road moving in an easterly direction for a distance of 84m then in a northerly direction to connect back onto the original Footpath 160 at point B.
Part 3 – limitations
There are 2 bridges required to be constructed, one at the each end of the new section of Footpath 160 as shown on the attached plan (Appendix 1) and described in Part 2 of the schedule to this Order.
Part 4 – modification of Definitive Map and Statement
Modification of Definitive Map and Statement will take place as part of this combined Order as soon as practically possible following two months from the date of confirmation of this Order. The existing part of Footpath 160 shown on the dotted line between A and B on the attached plan (Appendix 1) and described in Part 1 of the Schedule will be extinguished and the new section of Footpath 160 shown as a bold solid line and described in Part 2 of the Schedule will take its place.