Moved by
Lord Skelmersdale
104: After Clause 179, insert the following new Clause—
“Presumed diversion or extinguishment of footpaths or bridleways which pass through the curtilage of residential dwellings
(1) Where a footpath, bridleway or byway passes through the curtilage of a residential dwelling, including the gardens and driveways of the premises, the council shall make, and the Secretary of State shall confirm, either—
(a) a public path diversion order, or
(b) a public path extinguishment order,
unless—
(a) the Secretary of State or the Council are satisfied that the privacy, safety and security of the premises are not adversely affected by the existence or use of the footpath, bridleway or byway,
(b) the premises have been unlawfully extended to encompass the footpath, bridleway or byway,
(c) where a public path extinguishment order is considered, it would be possible instead to divert the footpath or bridleway or restricted byway such that the privacy, safety and security of the premises are not adversely affected by its use, or
(d) where a public path extinguishment order is considered, the footpath or bridleway or restricted byway provides access to a vital local service or amenity not otherwise reasonably accessible.
(2) In this section—
“public path diversion order”,
“public path extinguishment order”,
“footpath”,
“bridleway”, and
“restricted byway”
have the same meaning as in the Highways Act 1980.”