Highways Act 1980
The Proposed Diversion of Footpath Sutton Mandeville 13
Wiltshire Council are in receipt of an application, dated 24 September 2023, to divert path Sutton Mandeville 13 (SMAN13). The proposal is to divert Footpath SMAN13 from point A to point B shown on the attached plan with a bold continuous line, a distance of approximately 200 metres with a recorded width of 0.91 metres, to a new route from point C to point D shown with a dashed line, a distance of approximately 225 metres with a recorded width of 2 metres.
The applicant states the following reasons for applying to divert the right of way are as follows:
“The application is made on the grounds that it is in the interest of the owners of the land crossed by the majority of the footpath, and known as the curtilage of Homestead, Sutton Mandeville, for the footpath to be diverted. The interests of the owners are served as follows:
The northern termination point is immediately adjacent to the property. The footpath then runs by a side door and small patio area. It passes close by large windows and so affects the privacy of the property.
The route continues over an area of lawn, used for the family’s recreation with a football goal and other play equipment. It affects the use and privacy of the garden.
The proximity of the footpath to the house also affects the owners’ perception of their security, knowing that anyone passing so close to the house and within the garden cannot be challenged.
The proposed route resolves these concerns, enabling a side gate to be locked. Quiet enjoyment of, and security at, the property is enhanced.”
The full applicant’s statement is attached below.
Defra government guidance on diversion or extinguishment of public rights of way that pass through private dwellings or their curtilages and gardens, dated August 2023 states in its conclusion “In making its decision as to whether the existing path should be diverted or extinguished, an authority should consider in particular the impact of the existing path on the property owner and/or occupier against the benefit that having the right of way through the land brings to the public, taking account of this guidance.” Defra government guidance sets out a presumption that if a public right of way that is subject to a diversion application goes through private dwellings or their curtilages and gardens, that an Order making authority should be predisposed to make an Order and a confirming authority will similarly be predisposed to confirm it, should the Order satisfy the relevant legislative tests.
The Defra guidance is attached below.
If you would like to make any observations or representations regarding the proposals, please forward via email, no later than 19 March 2025.
Please note that any responses will be available for public inspection in full.
Information relating to the way Wiltshire Council will manage your data:
Ali Roberts (Miss)
Definitive Map Officer
Definitive Map and Highway RecordsWiltshire Council
County HallTrowbridge
BA14 8JN
Tel: 01225 756178 Email: ali.roberts@wiltshire.gov.uk
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