Public Footpath 85 – South Hill to Tyelands Farm, Langdon Hills
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 it is in the interests of the owner of the land crossed by Footpath 85 described in paragraph 1 of this Order and it is expedient that the line of the path or way known as Footpath 85, or part of that line, should be diverted as described in paragraph 3.
This Order is also made under sections 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 requires modification in consequence of the occurrence of an event specified in section 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.
Mr Richard Whitehead has agreed to carry out and to pay all costs for said works on the diverted route required to bring the path into a fit condition for the public and to pay in full the authority's fees for advertising and administration.
By this order:
1. The public right of way over the land adjacent to and crossing Tyelands Farm Langdon Hills and shown on the dotted line between A and B on the plan contained in this Order and described in Part 1 of the Schedule to this Order shall be stopped up after 42 days from the confirmation of this Order, and thereupon the authority's Definitive Map and Statement shall be modified by deleting from it that part of the original 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 85 belonging to the statutory undertakers for the purpose of carrying on their undertaking, those undertakers shall continue to have the same rights in respect of that apparatus.
3. There shall at the end of 42 days from the date of confirmation of this Order be a public footpath constructed to the satisfaction of the authority over the land adjacent to and crossing Tyelands Farm Langdon Hills described in Part 2 of the Schedule to this Order and shown by a solid black line on the plan contained in this Order, and thereupon the Definitive Map and Statement shall be modified by adding that new footpath to it.
4. The rights conferred on the public under this Order shall be subject to the limitations and conditions set out in Part 3 of this Schedule.
5. The authority's Definitive Map and Statement shall be modified as set out in Part 4 of the Schedule to this Order.
Part 1 – description of site of existing footpath
Starting from a point on Footpath 85 south of South Hill grid reference TQ567253E 185098N heading in a general southerly direction for 82m to grid reference TQ567267 185017N to the property boundary as shown by the dotted line on the attached plan between A and B.
Part 2 – description of site of new section of footpath
Starting from a point on Footpath 85, 54m south of South Hill (grid reference TQ567253E 185098N) then following in a south westerly direction for 27m running parallel to the boundary of Tyelands Farm then heading in a south easterly direction for 78m within the curtilage of Tyelands Farm to the property's southern boundary grid reference TQ567267E 185017N to connect back onto its original route shown on the attached plan (Appendix 1) as a solid black line on the attached plan between A and B.
Part 3 – limitations
There is a kissing gate at the northern boundary of Tyelands Farm and a bridge on the southern boundary, the new section of Footpath 85 is at a width of 2m throughout its length.
Part 4 – modification of Definitive Map and Statement
Modification of the Definitive Map and Statement will take place as part of the combined Order as soon as practically possible following 42 days from the date of confirmation of this Order. The existing part of Footpath 85 shown with a dotted line between A and B on the attached plan and described in Part 1 of the Schedule to this Order will be extinguished and the new section of Footpath 85 as shown on the plan with a solid black line and described in Part 2 of the Schedule to this Order will take its place.