The Highways Act 1980 – Section 119
Confirmation of a Public Path Order

BEDFORD BOROUGH COUNCIL (BRICKHILL: PART OF BRIDLEWAY No. 23) PUBLIC PATH DIVERSION ORDER 2023

The above mentioned order was Confirmed by Bedford Borough Council as an unopposed Order under the provisions of the Highways Act 1980 Section 119 on 13 April 2023.

Below is the Statutory Notice of the Confirmation of Order together with a copy of the order as made. In accordance with the Regulations a Notice of Confirmation of the Order will appear in the local press on 27 April 2023.

Please note that as set out in the Statutory Notice if any person aggrieved by the Order wants to question its validity, or that of any provision contained in it, on the grounds that it is not within the powers of the Highways Act 1980, as amended, or of any regulation made under the Act has not been complied with in relation to the Order, he or she may, under paragraph 2 of Schedule 2 to the Act as applied by paragraph 5 of Schedule 6 to the Act, within six weeks from 27 April 2023 make an application to the High Court.

Yours sincerely

Georgina McDade

Georgina McDade
Highways Orders &Technical Officer
Bedford Borough Council
Countryside & Public Access Team
Highways and Transportation
Room 436 Borough Hall
Cauldwell Street
Bedford MK42 9AP

Notice of Confirmation of a Public Path Order Highways Act 1980

Bedford Borough Council

BEDFORD BOROUGH COUNCIL (BRICKHILL: PART OF BRIDLEWAY No. 23)
PUBLIC PATH DIVERSION ORDER 2023

On 13 April 2023 Bedford Borough Council confirmed the above Order made under Section 119 of the Highways Act 1980. The effect of the order as confirmed will divert that length of Public Bridleway numbered 23 in the Parish of Brickhill commencing from the west side of the public road B.660 known as “Kimbolton Road” approximately 5 metres east of 30, Rhineland Way, Brickhill at Ordnance Survey Grid Reference (OSGR) TL 0596/5271 shown as Point A on the attached map then running in a western direction for approximately 8 metres and then running in a generally northern direction for approximately 11 metres to a point where it has a junction with that part of Public Bridleway numbered 23 to be retained  at OSGR TL 0596/5272 shown as Point B on the Order Map and divert the bridleway to a point approximately 5 metres north east of 30 Rhineland Way, Brickhill commencing from a point where it has a junction with that part of Public Bridleway numbered 23 to be retained at Ordnance Survey Grid Reference (OSGR) TL 0596/5272 shown as Point B on the attached map then running in a generally easterly direction for 2 metres to Ordnance Survey Grid Reference OSGR TL 0596/5272, approximately 5 metres west of the western margin of the public road known as “Kimbolton Road” shown as Point C on the Order map.

Compensation for depreciation or damage for disturbance arising as a result of the coming into force of the Order is payable under Section 28 as applied by section 121(2) of the Highways Act 1980 (as amended by the Transport and Works Act 1992) that are copied with this notice.

A copy of the Order and the Order map have been placed and may be seen free of charge at Borough Hall, Cauldwell Street, Bedford by appointment from 10am to 4pm on Weekdays (Bank and Public Holidays excepted). A copy of the Order as confirmed and the Order Map have been placed and may be downloaded free of charge from the Bedford Borough Council Website. Navigate to: https://www.bedford.gov.uk/parking-roads-andtravel/public-rights-way/public-path-orders/

The Order comes into force on 20 April 2023, but if any person aggrieved by the Order wants to question its validity, or that of any provision contained in it, on the grounds that it is not within the powers of the Highways Act 1980, as amended, or of any regulation made under the Act has not been complied with in relation to the Order, he or she may, under paragraph 2 of Schedule 2 to the Act as applied by paragraph 5 of Schedule 6 to the Act, within six weeks from 27 April 2023 make an application to the High Court.

Dated 27 April 2023
CRAIG AUSTIN
Director of Environment

Highways Act 1980 Section 28
Compensation for loss caused by public path creation order.

(1) Subject to the following provisions of this section, if, on a claim made in accordance with this  section, it is shown that the value of an interest of a person in land is depreciated, or that a person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a public path creation order, the authority by whom the order was made shall pay to that person compensation equal to the amount of the depreciation or damage.

(2) A claim for compensation under this section shall be made within such time and in such manner as may be prescribed by regulations made by the Secretary of State, and shall be made to the authority by whom the order was made.

(3) For the purposes of the application of this section to an order made by the Secretary of State under section 26(2) above, references in this section to the authority by whom the order was made are to be construed as references to such one of the authorities referred to in that subsection as may be nominated by the Secretary of State for the purposes of this subsection.

(4) Nothing in this section confers on any person, in respect of a footpath or bridleway created by a public path creation order, a right to compensation for depreciation of the value of an interest in the land, or for disturbance in his enjoyment of land, not being in either case land over which the path or way was created or land held therewith, unless the creation of the path or way would have been actionable at his suit if it had been affected otherwise than in the exercise of statutory powers.

(5) In this section “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

Highways Act 1980 Section 121 (2)8
Supplementary Provisions as to Public Path Extinguishment and Diversion orders.

(2) Section 28 above (compensation for loss caused by public path creation order) applies in relation to public path extinguishment orders, rail crossing extinguishment orders, special extinguishment orders public path diversion orders, rail crossing diversion orders, special diversion orders and SSSI diversion orders as it applies in relation to public path creation orders but as if—

(a) the references in it to section 26(2) above were references to section 120(3) above, and
(b) in relation to special extinguishment orders, special diversion orders and SSSI diversion orders, the reference in section 28(4) to a footpath or bridleway included a reference to a restricted byway or a highway over which the public have a right of way for vehicular and all other kinds of traffic.

Download a copy of the Notice and Order by using this link:- Download Notice of Confirmation of Public Path Order