United Kingdom Statutory Instruments

If YES, enclose copies of all written consents.

If NO, enclose copies of all written consents that you now possess, and give particulars of those where consent has been refused or has yet to be obtained.

(f) Is the path or way that is to be extinguished subject to any limitation or conditions (e.g. is there a traffic regulation order in place?).

YES

NO

If YES, please give details.

     2. NEW PATHS OR WAYS TO BE CREATED

(a) Type of highway to be created: [enter type] . . . . . . . . . . . . . . . . . . . .

(b) Description: width, length, and by reference to terminal points (indicating also any section which runs over existing paths or ways) shown on the accompanying map [note 3], including grid references and parish or district in which it is located: . . . . . . . . . . . . . . . . . . . .

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(c) The name(s) and address(es) of the owners, lessees and occupiers of the land over which the new path(s) or way(s) would pass: . . . . . . . . . . . . . . . . . . . .

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(d) Have you obtained the written consent of every interested person to this land being dedicated for this purpose, in so far as consent is needed, that is to say, every person having an interest in the land over which the path or way to be created passes?



YES

NO

NOT NEEDED

If YES, enclose copies of all written consents.

If NO, enclose copies of all written consents that you now possess, and give particulars of those where consent has been refused or has yet to be obtained.

(e) Will the new path or way connect with a trunk road?



YES

NO

If YES, give details.

     3. ASSESSMENT OF THE EFFECTS OF PUBLIC USE OF THE RIGHT OF WAY ON THE SPECIAL FEATURES OF THE SSSI [note 4]

(a) A summary of the reasons for seeking the proposed SSSI diversion order: . . . . . . . . . . . . . . . . . . . .

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Answer the following in detail, using separate sheets as necessary—

(b) Clearly identify and assess the effects of any significant damage to the flora, fauna or geological or physiographical features by reason of which the SSSI is of special interest, which has been caused by the public use of the highway.

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(c) Clearly identify and assess the effects of any significant damage that continued public use of the highway is likely to cause to the flora, fauna or geological or physiographical features by reason of which the SSSI is of special interest.

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(d) Specify what consideration has been given to alternative options available and to any steps that have been taken to prevent or ameliorate the damage being, or likely to be, caused by the public use of the highway.

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     4. NAMES AND ADDRESSES OF PUBLIC UTILITY UNDERTAKERS IN AREA (whether or not their apparatus is likely to be affected)

(a) Public gas supplier: . . . . . . . . . . . . . . . . . . . .

(b) Public electricity supplier: . . . . . . . . . . . . . . . . . . . .

(c) Water undertaker: . . . . . . . . . . . . . . . . . . . .

(d) Sewage undertaker (if different): . . . . . . . . . . . . . . . . . . . .

(e) Public telecommunications operator: . . . . . . . . . . . . . . . . . . . .

(f) Others (please specify): . . . . . . . . . . . . . . . . . . . .

     5. OTHER INFORMATION
The application must be accompanied by a copy of the notice of the intention to make this application.

Give any other information you consider relevant.

DECLARATION

I/We

(a) understand that no authority for the extinguishment, obstruction or creation of any path or way in this request is conferred unless and until an SSSI diversion order has been confirmed and the relevant provisions have come into force;

(b) request that an SSSI diversion order is made and confirmed relating to the path or way described above; and

(c) declare that to the best of my/our knowledge and belief, the factual information in this form is true and accurate.

Signed: . . . . . . . . . . . . . . . . . . . .

Name in capitals: . . . . . . . . . . . . . . . . . . . .

On behalf of Natural England

Address: . . . . . . . . . . . . . . . . . . . .

Telephone Number: . . . . . . . . . . . . . . . . . . . .

Email address: . . . . . . . . . . . . . . . . . . . .

Position held: . . . . . . . . . . . . . . . . . . . .

Date: . . . . . . . . . . . . . . . . . . . .

Note: the council will need all relevant information to enable them to proceed.

Notes
     1. This form is to be completed by Natural England when requesting a local highway authority to make an SSSI diversion order to divert certain highways for the protection of a site of special scientific interest under section 119E of the Highways Act 1980.

     2. The highway must be in, form a part of, or be adjacent to or contiguous with, a site of special scientific interest, and must be a "relevant highway", defined in section 119D(2) as follows—

(a) a footpath, bridleway or restricted byway;

(b) a highway which is shown in a definitive map and statement as a footpath, a bridleway or a restricted byway but over which the public have a right of way for vehicular and all other kinds of traffic, or

(c) any highway which is shown in a definitive map and statement as a byway open to all traffic, but does not include any highway that is a trunk road or special road.

     3. The application must be accompanied by a map (section 119E(1)(a)) on a scale not less than 1:2500, or, if no such map is available, on the largest scale available). The map must—

(a) show the existing site of so much of the line of the highway as would be diverted if the order were made and the new site to which it would be diverted;

(b) indicate whether a new right of way would be created by the order over the whole of the new site or whether some of it is already comprised in a highway; and

(c) where some part of the new way is already so comprised, define that part.

     4. The application must be accompanied by an assessment of the effects of public use of the right of way on the site of special scientific interest (section 119E(1)(b)).

(a) the Council are the highway authority for the highway;

(b) an application from Natural England has been received, and notice of application appears to have been duly given;

(c) public use of the highway is causing/continued public use of the highway is likely to cause [*delete one or other] significant damage to the flora, fauna or geological or physiographical features by reason of which the SSSI is of special interest;

(d) it is expedient that the line of the highway, or part of that line, should be diverted (whether on to land of the same or another owner, lessee or occupier) for the purpose of preventing such damage; and

(e) it is requisite for that purpose to create the public right of way described in Part 1 of the Schedule to this Order and to extinguish the public right of way described in Part 3 of that Schedule.

In accordance with section 119E (3) of the 1980 Act, the Council has had regard to the questions of—

(a) whether the Council would be able to prevent damage of the kind described by making a traffic regulation order, and

(b) if so, whether the making of a traffic regulation order would cause less inconvenience to the public than that which would be caused by the diversion of the highway.

The Council has, by virtue of section 119D(8), required Natural England to enter into an agreement with it to [defray] [make contributions as specified in the agreement towards] [any compensation which becomes payable in consequence of the coming into force of this Order] [any expenses which the Council may incur in connection with bringing the new site of the [footpath] [bridleway] [restricted byway] [byway open to all traffic] into a fit condition for use by the public] [which may be recovered from the Council by the highway authority] [delete as appropriate].

The . . . . . . . . . . . . . . . . . . . . [name] council(s) have been consulted as required by section 120(2)(a) of the 1980 Act [complete or delete as appropriate].

The . . . . . . . . . . . . . . . . . . . . [name] council(s) have consented to the making of the Order as required by section 120(1A) and 2(b) of the 1980 Act [complete or delete as appropriate].

[National Parks]

(a) [The . . . . . . . . . . . . . . . . . . . .[name] National Park Authority has been consulted as required by section 120(2)(a) of the 1980 Act;] [The . . . . . . . . . . . . . . . . . . . .[name] National Park Authority has consented to the making of the Order as required by section 120(2)(b) of the 1980 Act;] [complete or delete as appropriate] and

(b) Natural England has been consulted as required by section 120(2)(c) of the 1980 Act.

[Note: section 120 of the 1980 Act was extended to National Park authorities by paragraph 11 of Schedule 9 to the Environment Act 1995].

BY THIS ORDER:

     1. There shall at the end of . . . . . . . . . . . . . . . . . . . . days from the date of confirmation of this Order be a new public right of way being a . . . . . . . . . . . . . . . . . . . .[specify the type of the new right of way—note 2] over the land situate at . . . . . . . . . . . . . . . . . . . . shown by a bold broken line on the map [note 3] contained in this Order and described in Part 1 of the Schedule to this Order.

     2. [The rights conferred on the public under this Order shall be subject to the limitations and conditions specified in Part 2 of the Schedule to this Order [delete if no limitations or conditions are specified in this Order].

     3. The public right of way over the land situate at . . . . . . . . . . . . . . . . . . . . and shown by a bold continuous line on the map contained in this Order and described in Part 3 of the Schedule to this Order shall be extinguished after . . . . . . . . . . . . . . . . . . . . days from the date of confirmation of this Order [but not before the day following the date of certification] [delete if not appropriate—see note 4].

[In this article, "the date of certification" means the date on which the highway authority for the new highway mentioned in article 1 certify that such work has been carried out as is required to be done in order to bring the site of that highway into a fit condition for use by the public] [delete if not appropriate—see note 4].

     4. [The following provisions shall apply for the protection of . . . . . . . . . . . . . . . . . . . . [name of statutory undertaker], namely . . . . . . . . . . . . . . . . . . . .] [complete or delete as appropriate—note 5].

Date . . . . . . . . . . . . . . . . . . . .

Signed . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . [describe position held with the council]

. . . . . . . . . . . . . . . . . . . . [name of council]

(a) a footpath, bridleway or restricted byway,

(b) a highway which is shown in a definitive map and statement as a footpath, a bridleway or a restricted byway but over which the public have a right of way for vehicular and all other kinds of traffic, or

(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,

but does not include any highway that is a trunk road or special road.

     2. The new public right of way being created must be—

(a) such new footpath, bridleway or restricted byway, or

(b) in a case where the highway being diverted falls within (b) or (c) of note 1 above, such new highway over which the public have a right of way for vehicular and all other kinds of traffic,

as appears to the council requisite for effecting the diversion (see section 119D(3) of the 1980 Act).

     3. Section 119E(5) of the 1980 Act requires that an SSSI diversion order shall contain a map—

(a) showing the existing site of so much of the line of the highway as is to be diverted by the order and the new site to which it is to be diverted,

(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a highway, and

(c) where some part of the new site is already so comprised, defining that part.

     4. See section 119D(3)(b) and (6)(b) of the 1980 Act.

     5. See section 121(5) of the 1980 Act.

     6. The power to specify limitations and conditions is conferred by section 119D(7).

(a) regulation 3 and Schedule 1 prescribe the form for a notice of intention to apply for an order;

(b) regulation 4 and Schedule 2 prescribe the form of applications for an order, and of the assessment to accompany applications, and make provision as to the scale of the map to accompany applications, and as to other accompanying information;

(c) regulation 5 and Schedule 3 prescribe the form of an order and the scale of a map to accompany it;

(d) regulation 6 and Schedule 4 prescribe the form of notices of making and proposed submission for confirmation, and confirmation, of orders, and prescribe certain additional persons upon whom these notices are to be served;

(e) regulation 7 makes procedural provision as to the making, submission and confirmation of orders; and

(f) regulation 8 prescribes requirements with regard to claims for compensation under section 28 of the Highways Act 1980 for depreciation or disturbance in consequence of an SSSI diversion order and also provides that any such claim shall be served within 6 months of the order concerned coming into force.

A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.