Public footpath W105 Warwick public path diversion order 2022

Notice of public path diversion order.

Town and Country Planning Act 1990 section 257 and paragraph 1 of schedule 14.

Warwick District Council (public footpath no. W105 Warwick) public path diversion order 2022 (Order).

WARWICK DISTRICT COUNCIL (Council) makes the Order in exercise of its powers under section 257 of the Town and Country Planning Act 1990 (the TCPA 1990) because it is satisfied that it is necessary to divert the footpath to which the Order relates to enable the development described below to be carried out in accordance with the outline planning permission granted under Part III of the TCPA 1990 by the Council under reference W/14/0300 and variation of conditions under reference W/20/1642 on 25 February 2021.

BY THIS ORDER:

  1. Public Footpath W105 shown by broken pink line over the land on the Plan and descrived in Part 1 of THE SCHEDULE to this Order shall be diverted as shown.
  2. There shall be created to the reasonable satisfaction of the Council an alternative highway for use as a replacement for Public Footpath W105 (Part of) as provided in Part 2 of THE SCHEDULE shown by a broken blue line on the Plan. The surface of the Public Footpath will be a combination of tarmac within the highway and between development parcels and a combination of bonded/Breedon gravel paths with timber edges and mown paths within the public open space.
  3. Where immediately before the date of this order any apparatus of statutory undertakes lies under, in, on, over along or across any length of highway authorised to be stopped up pursuant to this order then, subject to section 261(4) of the TCPA 1990, those undertakers shall have the same rights in relation to that apparatus after the area is stopped up as they had immediately before.
  4. The applications Taylor Wimpey Plc of Gate House, Turnpike Road, High Wycombe, Buckinghamshire, United Kingdom, HP12 3NR (and successors in title) and Bloor Homes Midlands, Ashby Road, Measham, Swadlincote, Derbyshire, DE12 7JP (and successors in title), are hereby required to implement and pay the full costs or carrying out the said works as detailed in this Order.
  5. The order shall come into force on the date on which it is certified by the Council pursuant to Section 257, 259 and Schedule 14 of the Town and Country Planning Act 1990. The Order may be cited as THE WARWICK DISTRICT COUNCIL (PUBLIC FOOTPATH NO. W105 WARWICK) PUBLIC PATH DIVERSION ORDER 2022.

Dated: 12 May 2022

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