The Development Control and Regulatory Board of Leicestershire Council met on Thursday 18 June 2026 and made a decision to divert a public footpath. The meeting also included the election of the Chair and Deputy Chair.

Diversion of Public Footpath P12 at Butt Lane, Blackfordby

The Board resolved to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Footpath P12 at Butt Lane, Blackfordby, in the Parish of Ashby De La Zouch. This decision follows an application by Mr and Mrs Jarvis, the landowners of 200 Butt Lane, Blackfordby, to divert the footpath which currently runs through their garden.

The proposed diversion aims to regularise the route of the footpath, which the public has been using as an alternative to the legally recorded line for some time. A portion of the diverted path will also align with a newly constructed footpath as part of a housing development to the north.

During the meeting, Edwin McWilliam, Access Manager for Leicestershire County Council, presented the report, explaining that the diversion was expedient in the interests of the landowners and that the alternative route would not be substantially less convenient to the public. He noted that the distances between the current and proposed routes were virtually identical and that there would be no significant adverse impact on the public's enjoyment of the path.

However, objections were raised by Mr Malcolm Ball, a resident of 116 Butt Lane, Blackfordby, who argued that the definitive line of the footpath had been illegally obstructed and that the application contained false representations. Mr Ball also raised concerns about land ownership and the accuracy of the proposed diversion plan. He presented evidence, including photographs and a report from Platt White Partnership, suggesting that the proposed diversion line was inaccurate and that the definitive map showed a different alignment.

Mr Ball also highlighted that the application form included a declaration that the right of way was not obstructed, which he stated was false. He argued that the council had failed in its duty to keep the definitive line of the footpath open and clear.

The local member, Councillor Dan Harrison (Ashby De La Zouch), stated that he had not received any complaints from residents regarding the proposed diversion and that the town council was broadly in support. He indicated that his primary interest was in ensuring a safe and better footpath for the public.

The Board discussed the issue of land ownership, with Mr Grimley noting the difficulties in resolving unregistered land disputes. The concept of an indemnity was also discussed, with the applicant agreeing to indemnify the County Council against any claims for compensation.

Ultimately, the Board voted to approve the officer's recommendation to make the diversion order. This decision was made despite the objections raised, with the Board concluding that the statutory criteria for making the order had been met. The process of making the order will now proceed, involving formal advertisement and further consultation. If objections remain unresolved, the matter may be passed to the Planning Inspectorate.

The meeting also included the election of Councillor Peter Morris as Chair and Councillor Daniel Grimley as Deputy Chair of the Development Control and Regulatory Board.