This Order is made by the Kent County Council ("the authority") under Section 119 of the Highways Act 1980 ("the 1980 Act") because it appears to the authority that in the interests of the owners of the land crossed by the footpaths described in paragraph 1 of this Order it is expedient that the line of footpath MR530, MR534 and MR534A should be diverted.
This Order is also made under Section 53A(2) of the Wildlife and Countryside Act 1981 ("the 1981 Act") because it appears to the authority that the Definitive Map and Statement for the County of Kent (Map Sheet 037 (TQ64NE)) requires modification in consequence of the occurrence of an event specified in section 53(3)(a)(i) of the 1981 Act, namely, the diversion (as authorised by this Order) of a highway shown or required to be shown in the map and statement.
The applicant has agreed to defray any compensation which becomes payable in consequence of the coming into force of this Order and pay any expenses which are incurred in bringing the new site of the public right of way into a fit condition for use by the public.
Tonbridge & Malling Borough Council has been consulted as required by Section 120(2) of the 1980 Act;
BY THIS ORDER:
1. The public rights of way over the land situated at East Peckham and shown by bold continuous lines on the attached map contained in the Order and described in Part I of the schedule to this Order shall be stopped up 28 days from the date of confirmation of the Order and thereupon the Definitive Map for the County of Kent (Map Sheet 037 (TQ64NE)) shall be modified by deleting from it that public right of way.
2. The relevant date of this Order will be as specified in paragraph 1.
3. There shall be 28 days from the date of confirmation of the Order public footpaths over the land situate at East Peckham described in Part II of the schedule and shown by bold broken lines on the Map contained in this Order, and thereupon the Definitive Map for the County of Kent (Map Sheet 037 (TQ64NE)) shall be modified by adding the paths to it.
3A. The Definitive Statement for the County of Kent (Map Sheet 037 (TQ64NE)) shall be modified as described in Part IV of the schedule to this Order.
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