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					Agenda Item No. 9(d) RIGHTS OF WAY COMMITTEE 18TH FEBRUARY, 2003 TOWN AND COUNTRY PLANNING ACT, 1990 SECTION 257 HORSHAM: PROPOSED DIVERSION OF PART OF FOOTPATH 1411/2 REPORT BY DIRECTOR OF ENVIRONMENT & DEVELOPMENT EXECUTIVE SUMMARY 1. On 17th January 2003, Horsham District Council made an Order to divert part of footpath 1411/2 at Charmans Farm, Nr. Rowhook in the Parish of Warnham. A diversion is necessary to enable the construction of a hay/straw/machinery barn for which planning consent has been granted. (Paragraph 1.1 of this report refers). The Order has been made under the provisions of Section 257 of the Town and Country Planning Act, 1990. Members are requested to refer to paragraphs 7.1 – 7.7 of the County Secretary’s Guide to the Law for the Rights of Way Committee. The Order made on 17th January 2003 contains some irregularities and will need to be re-made in accordance with advice given to the District Council by the County Council. CONCLUSION The District Council has advised that a diversion of footpath 1411/2 is necessary to enable the proposed development to take place. The proposed route, once the necessary stile and waymarkers have been installed, will provide a pleasant route and a reasonable alternative for path users. (Paragraph 2.1 of this report refers). RECOMMENDATION That the District Council be advised that, provided the Order is re-made and the necessary works are included as part of the Order, there is no objection to the proposed diversion of footpath 1411/2 as shown on the County Council’s plan attached. 1. 1.1 BACKGROUND Planning consent has been granted for the construction of a hay/straw/machinery barn on a site at Charmans Farm, Rowhook in the Parish of Warnham. Footpath 1411/2 runs northeastwards from Rowhook across farmland towards Charmans
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Farm. As it approaches the farm the footpath enters a fenced enclosure used for storing large stacks of straw and over the years problems have occurred, from time to time, when the path has been partly obstructed by straw or by the polythene and old car tyres used to cover it. This area is now to be the site of a new hay/straw/machinery barn and the District Council advises that it will be necessary to divert the path to enable the development to be carried out. To the north of the development site the present route continues north eastwards on a concrete surface through the farm, running between cattle sheds and barns. Footpath 1411/2 then joins footpath 1411, which runs both south eastwards and northwards away from Charmans Farm. THE PROPOSAL In order to avoid the site of the proposed new barn, it is intended to divert the northernmost part of this path onto a line, which runs on grassland skirting around the southeastern side of the farm buildings. The new route would join footpath 1411 at a point towards the northern side of the farmyard some 30 metres to the south east of its present junction. A new stile or gate would be needed at the point where the proposed route crosses a fence line, but at its northern end access will be available via an existing field gate. The new path gives the opportunity of some attractive views eastwards across farmland and woodland and also means that walkers will not need to pass through a particularly busy part of the farmyard. CONSULTATION Horsham District Council, as the order making authority, is required to carry out its own consultations in respect of the proposed diversion.

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THE CRIME & DISORDER ACT 1998 AND THE HUMAN RIGHTS ACT 1998 IMPLICATIONS Horsham District Council, as the order making authority, is required to consider the implications of this legislation in respect of the proposed diversion. MARK HAMMOND Director of Environment and Development Background Papers (a) (b) Letters dated 18th November, 2002 and 23rd January, 2003 from Horsham District Council to the Legal Services Unit. Letter dated 30th January 2003 from the Legal Services Unit to Horsham District Council. Contact: Judith Grimwood, ext. 77619

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