COUNTY BOROUGH OF BLAENAU GWENT

REPORT TO: /
THE CHAIR AND MEMBERS OF the Executive
REPORT SUBJECT: /
highways act 1980: diversion order public footpaths 337/32/1 & 337/34/1
REPORT AUTHOR: /
Andrew fleming Technical services
LEAD OFFICER/ DEPARTMENT /
DIRECTOR
ENVIRONMENT AND REGENERATION
Summary Report
1. / PURPOSE OF REPORT
To inform the Executive of a request for a diversion order for footpaths 337/32/1 & 337/34/1.
2. / LINK TO CORPORATE STRATEGIES
Rights Of Way Improvement Plan (ROWIP)
3. / SUMMARY/PROPOSALS
Mr Gavin Holloway of 14 Nant-Y-Cwm, Llanhilleth has made a request for a diversion order for footpaths 337/32/1 & 337/34/1. The diversion of both footpaths would be beneficial to both applicant and ramblers as the existing line of the footpaths runs through his land which are the spoil heaps on Blaen-cyffin.
Footpath 337/32/1 commences at point A on the site plan on a north easterly direction for 357 metres or thereabouts to point B on the site plan.
Footpath 337/34/1 commences at point E on the site plan on an easterly direction for 755 metres or thereabouts to point F on the site plan.
4. / RECOMMENDATIONS
That the application to divert footpaths 337/32/1 & 337/34/1 in the community of Llanhilleth be approved and that the Chief legal Officer be instructed to make an order under section 119 of the Highways Act 1980.
Detailed Report
1. /

PURPOSE

To inform and gain Executive approval for a diversion order for footpaths 337/32/1 & 337/34/1.
2. /

BACKGROUND

The area of Blaen-cyffin has a long history of coal mining with spoil heaps all around. Over time and the weather factor the area has received, some of the spoil heaps have eroded and left the ground in a state where as it is impossible to walk along the line of the rights of ways in the area.
Footpath 337/32/1 commences at point A on the site plan on a north easterly direction for 357 metres or thereabouts to point B on the site plan.
Footpath 337/34/1 commences at point E on the site plan on an easterly direction for 755 metres or thereabouts to point F on the site plan.
3. / PROPOSAL/PRESENT POSITION
The applicant proposes a diversion of footpath 337/32/1 from point C to D for 94 metres or thereabouts in blue on the site plan, and footpath 337/34/1 from point G to H for 179 metres or thereabouts in blue on the site plan.
4. /

OPTIONS FOR CONSIDERATION/PROPOSALS

5. / FINANCIAL IMPLICATIONS
The applicant will cover all costs of the diversions.
6. / STAFFING/PERSONNEL IMPLICATIONS
Any orders will be undertaken by the existing staff.
7. / CORPORATE ISSUES
Consideration has been given to; Human Rights Act Issues, Equality of Opportunity, Sustainable Development, Crime and Disorder and relevant legislation.
8. / CONSULTATION
HUMAN RESOURCES / CHIEF LEGAL OFFICER/ MONITORING OFFICER / CHIEF FINANCIAL OFFICER/ S.151 / OTHER
√ / √
9. /

CONCLUSION

Section 119 of the Highway Act empowers the Authority to divert the paths in the interest of the owner and ramblers that use the right of ways. The proposed diversions are in the interest of the applicant and ramblers. It would also appear that the diversions would be more beneficial to ramblers as the current situation is dangerous for ramblers to walk the area of the eroded spoil heaps.
10. / RECOMMENDATION

That the application to divert footpaths 337/32/1 & 337/34/1 in the community of Llanhilleth be approved and that the Chief legal Officer be instructed to make an order under section 119 of the Highways Act 1980.

If no representations or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the Chief legal Officer be authorised to confirm the order as an unopposed order.

REF: CLIVE ROGERS

Chief Technical Officer