Degree of synergistic effects and conflicts according to uses
Further monitoring of the completed measure will need to be undertaken to determine whether the measure is developing as predicted and whether it is consistent with any specific conservation objectives.
There has also been a lot of local opposition and concern regarding this scheme.
Also, as part of the scheme for Donna Nook, public Footpath 18 needed to be stopped up and a new public footpath created. At the same time, the EA wanted to regularise a short diversion of the existing footpath around an existing pond.
Before these works were able to be undertaken on site, the formal process of stopping up and formation, under Section 257 of the Town and Country Planning Act 1990 and diversion under the Section 119 of the 1990 Highways Act, needed to be undertaken and informal consultation carried out before Members approval was gained.
However, the diversion around the pond was not part of the original planning application for the re-alignment scheme and has to be dealt with under the Highways Act 1980 (Section 119), which is a lengthy process involving several consultation and advertisement periods on the initial proposal and the draft and final orders.
As a result of this consultation, recommendations were made from various organisations not to divert the existing Footpath 18, but instead stop it up at the breach site with the ends remaining as a public footpath and being fully accessible for those wishing to walk along them. Further suggestions for a new public footpath to be created along the top of the new embankment were also received. The consultation also highlighted consultees concerns regarding the legislative procedures pursued for the proposed works.
Following the comments received, the application was reviewed and legal advice sought. Changes were made to the nature of the application to reflect the comments made and this included the stopping up of Footpath 18 at the breach site with the remaining sections retained as public Footpath 18 and the formation of a new public footpath along the crest of the new embankment. The opportunity was also taken to include the diversion of a short length of Footpath 18 around the existing pond. A second round of informal consultation was undertaken due to the changes made. This all adds to the overall costs, both economic and those related to timescales, for the scheme as a whole.
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