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Diversion of Public Footpath
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Middle_Sister
Posts: 564 Forumite


We have a public footpath which runs down the side of our house which leads to a field and then carries on through the field to the village at the other side.
We have been sent a letter fromj the Council stating "the Council has initiated a scheme for the diversion of the above public rights of way on the grounds that it is in the interests of the owner of the land crossed by the path".
On plan it means the footpath will continue to run down the side of my house but will then turn sharp left which means it will also run along the back of my property therefore I will have a public footpathl on 2 sides of my property instead of one. I am not happy about that as I was hoping at some time in the future to hopefully purchase a piece of the field at the back and extend my garden. It looks to me like the owner wants the path moved with a view to possibly selling the land for housing - again, I would not be happy with that.
How do I word a letter of objection?
We have been sent a letter fromj the Council stating "the Council has initiated a scheme for the diversion of the above public rights of way on the grounds that it is in the interests of the owner of the land crossed by the path".
On plan it means the footpath will continue to run down the side of my house but will then turn sharp left which means it will also run along the back of my property therefore I will have a public footpathl on 2 sides of my property instead of one. I am not happy about that as I was hoping at some time in the future to hopefully purchase a piece of the field at the back and extend my garden. It looks to me like the owner wants the path moved with a view to possibly selling the land for housing - again, I would not be happy with that.
How do I word a letter of objection?
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Comments
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The diversion/closure of public footpaths is a very complicated business and my understanding is that it cannot be done without widespread public consultation first. I suggest you write to the Council asking what your legal rights are in the matter and find out who they are consulting with, i.e. has your Parish Council been consulted, as well as other local residents?
I suggest you also engage the help of your Parish/District Councillor. If you don't know who he/she is, you can find them via Writetothem.com. Put in your post code and it will throw up their name of the appropriate councillor.
Don't delay on this as there is often a specific time span during which objections have to be lodged. The planning department of your local council may also be able to give you more information on how to object.0 -
Ask the Parish Council to support your objection. It's worth getting in touch with the Ramblers Association they often object to footpaths being moved, their objections seem to carry some weight.0
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Ditto the previous posts.
Two other things to consider though. Firstly, If you object, then the landowner is unlikely to look favourably at selling you land in the future. Secondly, you cannot purchase part of a field to extend your garden without applying for planning permission for change of use from agricultural land to garden, and this is rarely ever passed by the LA planning dept.
Olias0 -
You are right. However do you think its worthwhile using this in my argument or not mention it?0
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TBH, I would just mention the current issue, which is that the diversion would decrease the privacy afforded to you in your garden and affect the quiet enjoyment of your property and it's security. What yours or the landowners future plans are, are irrelevant at the moment I feel.
Olias0 -
i wouldnt worry that much.
its extremely hard and very rare to change a public path/right of way.
unless the landowner is on the council!
or he knows whos bread to butter.Get some gorm.0 -
It is time consuming to divert a public right of way, but it is in no way impossible... especially, as said above, if the applicant has friends in the right places.
I would object on the grounds of decreased privacy etc. It can't do any harm.0
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