Footpath Diversion Means No Need to ‘Moooove’Published on: 16 August 2021
I am a specialist agricultural associate solicitor with Lanyon Bowdler, having joined at the start of the year. I have specialised in agricultural property matters since I qualified as a solicitor in 2007, having grown up on a farm in Oxfordshire.
I was recently contacted by an NFU member with a view to diverting a footpath in Shropshire. The footpath was in an unfortunate location, immediately adjacent to a large cattle shed and also very close to a site, behind which was earmarked for an additional cattle shed of the same size.
It was necessary for the two sheds to be parallel to maximise the benefit. There had also been instances of members of the public disturbing the cattle. The NFU member considered that it would be better for the footpath to be diverted, both from a health and safety perspective for members of the public using the footpath, but also, and a crucial point for the NFU member, for the long term sustainability of the farm (where the proposed development might otherwise have been stifled by the location of the footpath).
I worked with the NFU member and submitted the application to ensure that the footpath was diverted away from the farm buildings and the main yard. I then liaised with the council’s public rights of way team and ensured that the footpath was diverted under 119 of the Highways Act 1980 and also under section 53A (2) of the Wildlife Countryside Act 1981.
I achieved a successful result in a short time, and was granted the exact diversion modification requested within the application. The NFU member was delighted and the additional barn is now in place, looking fabulous, with lots of happy farmyard residents!
I attained Fellowship of the Agricultural Law Association in 2009 and have experience in a wide variety of agricultural property transactions, including land sales and purchases.
I also act for lenders, advising on partnership agreements, rights of way issues, adverse possession matters, sports and recreational sales, deeds of easement, option and overage agreements, contract farming agreements and share farming agreements.
I have been listed within the agricultural sections of Chambers UK since 2015 and The Legal 500 publication since 2018 (the two main legal ‘go to’ directories).