OpenLegislation

Article 13 Stopping up and diversion of footpath

Original text. Later amendments are not shown.

(1)

Following completion of Works Nos. 1 to 3 and the provision by the RiversAuthority upon or along the line shown and designated on sheet 2 of the deposited plans as the route of a new footpath between the points A and B marked on that sheet–

(a)

the Rivers Authority may stop up so much of the footpath in the parish of Elmstead in the district of Tendring (marked 15 on the definitive map kept under section 53 of the Wildlife and Countryside Act 1981f1) as lies between the said points A and B and is shown and designated on the said sheet 2 as the existing footpath;

(b)

the said new footpath lying in the same parish between the points A and B shall become a public footpath.

(2)

With the consent in writing of the highway authority the route of the said new footpath to be provided along the line between the points A and B shown and designated on the said sheet 2 may, on the application of the Rivers Authority, be varied to a line appearing to the highway authority to be not less commodious and convenient to persons appearing to the highway authority to be likely to use the footpath.

(3)

Upon the stopping up of the part of the existing footpath under the powers of paragraph (1)(a) above, all rights of way over or along that part shall be extinguished and the Rivers Authority may appropriate and use the site and soil thereof so far as they are the owners of the same.

Annotations

Footnotes

f1

1981 c. 69.