Footpath in your garden? – A diversion is the answer.Posted: April 20, 2016
We have another confirmed diversion to report! Our second confirmed diversion in Kent so far this year, reflecting that Kent is one of the counties where the Rights of Way Officers are realistic and get on with things (something some other authorities could learn from). In both cases there were objections. In one, the objection was withdrawn, and in the other, the matter was dealt with by written representations to an Inspector.
In the written representation case, the path ran through the garden of The Old Rectory at Alkham. If you stood on the path this is what you would see:
You would be standing on the parking area for the house. It would be easy to wave to the owner if he was standing in the kitchen – this is the view of the parking area from the kitchen window.
Of course the path then ran off across the lawn by the seat:
And walkers could be easily viewed from the bedroom as they crossed the lawn.
Some suggested that it did not impact on the property (which had been in the family for many years) and it was true that the diversion was not straight forward but we are pleased that the Inspector weighed our arguments and accepted that the diversion met the statutory tests and should be confirmed.
Another satisfied client for ET Landnet.
We are working on many such applications at the moment, all proceeding at various speeds, and we have several stacked waiting to be pursued when the new “Right to Apply” provisions take effect in July. We will continue to carry out an initial assessment of any diversion proposal anywhere in England or Wales for our fixed fee of £500 plus VAT to give a realistic appraisal to the owner of occupier of land.
Call Michael Wood on 07795 958572 or email Michael at firstname.lastname@example.org to find out more.