Mr R Nance Chairman, Friends of Long Rock Crossing 28, Godolphin Road Long Rock Penzance Cornwall TR20 8JP

Your ref: My ref: Date:

HA/CAT /MJG/HAE 008 15 August 2013

Dear Mr Nance,

Making of Public Path Order; Rail Crossing Extinguishment Order Highways Act 1980 - Section 118A The Cornwall Council (Mexico Inn Pedestrian Crossing) (Long Rock) Parish of Ludgvan Rail Crossing Extinguishment Order 2013 Land at Long Rock, Penzance TR20 8JE Ludgvan CP
The abovementioned rail crossing extinguishment order Council on 14 August 2013. As required by Paragraph 1 Highways Act 1980 (as referred to in Paragraph 4 of the Extinguishment and Diversion Orders Regulations 1993) gives notice of the making of the Order. was made by Cornwall of Schedule 6 to the Rail Crossing Cornwall Council hereby

A copy of the required notice and a copy of the Order as made are enclosed. Please note that any representations about or objections to the Order must be sent in writing to Cornwall Council at the address given in the notice to arrive no later than Friday 13 September 2013. Yours sincerely

Michael Gibbons Definitive Map Officer

Environment Service
Tel: 01872 322064 Email: micgibbons@cornwall.gov.uk

Cornwall Council, Countryside Service, Carrick House, Truro, Cornwall TR1 1EB
INVESTOR IN PEOPLE

Tel: 0300 1234202

www.comwall.gov.uk

RAIL CROSSING EXTINGUISHMENT

ORDER

HIGHWAYS ACT

1980, SECTION 118A

CORNWALL COUNCIL THE CORNWALL COUNCIL (MEXICO INN PEDESTRIAN CROSSING) (LONG ROCK) PARISH OF LUDGVAN RAIL CROSSING EXTINGUISHMENT ORDER 2013

TO: OF:

Mr R Nance Chairman, Friends of Long Rock Crossing 28, Godolphin Road Long Rock Penzance Cornwall TR20 8JP

The above order was made on 14 August 2013, under section 118A of the Highways Act 1980 (as amended by the Transport and Works Act 1992). The order will extinguish that length of the public right of way on foot running between Road C0745 and public footpath 103/48 in the Parish of Ludgvan that commences from a point where it has a junction with that part of the right of way on foot to be retained approximately 14 metres south-south-east of the property number 1 "Seaview Cottages", Long Rock at Ordnance Survey Grid Reference (OSGR) SW 4997/3127 shown as point "A" on the order map thence running in a generally southerly direction for 9 (nine) metres across the Plymouth to Penzance railway to a point where it has a junction with that part of the right of way on foot to be retained approximately 23 metres south-south-east of the property number 1 Seaview Cottages", Long Rock at OSGR SW 4998/3126 shown as point "B" on the order map. A copy of the order and the order map have been placed and may be seen free of charge at the offices of Cornwall Council at the Penzance One Stop Shop, Council Offices, St Clare, Penzance TR18 3QW and at the Truro One Stop Shop, Carrick House, Pydar Street, Truro, TR 1 1EB from 10:00 am to 4:00 pm Mondays to Fridays inclusive (Bank and Public Holidays excepted). Copies of the order and map may be bought there at the price of 5:00.

Compensation for depreciation of the value of an interest in land or for disturbance in the enjoyment of land arising in consequence of the coming into force of an order is payable under section 28 as applied by section 121 (2) of the Highways Act 1980 (as amended by the Transport and Works Act 1992); copies of these sections as amended are attached. Any representations about or objections to the order may be sent in writing to the Public Path Orders Officer, Countryside Service, Cornwall Council, Carrick House, Pydar Street, Truro, TR1 1EB not later than 13 September 2013. Please state the grounds on which they are made. If no such representations or objections are duly made, or if any so made are withdrawn, the Cornwall Council may confirm the order as an unopposed order. If the order is sent to the Secretary of State for the Environment for confirmation any representations or objections which have not been withdrawn will be sent with the order. Dated 15 August 2013 Peter Marsh: INTERIM DIRECTOR ENVIRONMENT

X:\Publie Path Orders\Case files by Distriet\WEST 1 Penwith\Ludgvan\FP 103 UR HAE 008 RAILWAY CROSSING\HAE 008 MAKE RAIL CROSSING S118A ORDER\HAE 008 RCO HA 1980 SECTIONS 28 AND 121 (2) EXTRACT .doe Last printed 15/08/201312:38:00

HIGHWAYS ACT 1980 SECTION 28

Compensation for loss caused by path creation order

(1) Subject to the following provisions of this section, if on a claim made in accordance with this section, it is shown that the value of an interest of a person in land is depreciated, or that person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a public path creation order, the authority by whom the order was made shall pay to that person compensation equal to the amount of the depreciation or damage. A claim for compensation under this section shall be made within such time and in such manner as may be prescribed by regulations made by the Secretary of State, and shall be made to the authority by whom the order was made. For the purposes of the application of this section to an order made by the Secretary of State under section 26(2) above, references to this section to the authority by whom the order was made are to be construed as references to one of the authorities referred to in that subsection as may be nominated by the Secretary of State for the purposes of that subsection. Nothing in this section confers on any person, in respect of a footpath, bridleway or restricted byway created by a public path creation order, a right to compensation for depreciation of the value in an interest in the land, or for disturbance in his enjoyment of land, not being in either case land over which the path was created or land held therewith, unless the creation of the path or way would have been actionable at his suit if it had been effected otherwise than in exercise of statutory powers. In this section 'interest', in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

(2)

(3)

(4)

(5)

Page 1 of 2

X:\Publie Path Orders\Case files by Distriet\WEST 1 Penwith\Ludgvan\FP 103 UR HAE 008 RAILWAY CROSSING\HAE 008 MAKE RAIL CROSSING S118A ORDER\HAE 008 RCO HA 1980 SECTIONS 28 AND 121 (2) EXTRACT .doe Last printed 15/08/2013 12:38:00

HIGHWAYS ACT 1980 SECTION 121(2)

(As amended by Transport and Works Act 1992 and Countryside and Rights of Way Act

2000)

Section 28 above (compensation for loss caused by public path creation order) applies in relation to public path extinguishment orders, rail crossing extinguishment orders, special extinguishment orders rail crossing diversion orders, special diversion orders and SSSI diversion orders as it applies in relation to public path creation orders but as if: (a) the references in it to section 26(2) above were references to section 120(3) above, and (b) in relation to special extinguishment orders and special diversion orders and SSSI diversion orders, the reference in section 28(4) to a footpath, bridleway or restricted byway included a reference to a highway over which the public have a right of way for vehicular and other kinds of traffic.

Page 2 of 2

RAIL CROSSING EXTINGUISHMENT ORDER HIGHWAYS ACT 1980 SECTION 118A CORNWALL COUNCIL THE CORNWALL COUNCIL (MEXICO INN PEDESTRIAN CROSSING) (LONG ROCK) PARISH OF LUDGVAN RAIL CROSSING EXTINGUISHMENT ORDER 2013
This order is made by Cornwall Council ("the authority") under section 118A of the Highways Act 1980 ("the 1980 Act"). The footpath in the authority'sare.a described below crosses a railway otherwise than by a tunnel or bridge. It appears to the quthority that it is expedient in the interests of the safety of members of the public using, or likely to use, the said footpath that it should be stopped up, The authority has required the operator of the railway to enter into an agreement with it to defray any expenses which the authority may incur in connection with the erection or maintenance of barriers and signs. The map attached to this order entitled, "A Plan Annexed to: The Cornwall Council (Mexico. Inn Pedestrian Crossing) (Long Rock) Parish of Ludgvan Rail Crossing ExtinguishmeniOrder 2013" shows alternative highways available to the public by means of a bold black dashed lines. (For the avoidance of doubt this map is presented at a scale of 1 to 2000 .. )

THIS ORDER EXTINGUISHES the public right of way over the land situate at the Mexico Inn Long Rock Pedestrian Crossing shown by a continuous bold line on the map attached to this order and described in the schedule after 28 days from the date of confirmation of this order. Notwithstanding this order statutory undertakers shall have the same rights over the land referred to in the paragraph immediately above, in respect of their apparatus under, in, upon, over, along, or across the said land as they had immediately before the date of confirmation of this order. This order may be cited as; "The Cornwall Council (Mexico Inn Pedestrian Crossing) (Long Rock) Parish of Ludgvan Rail Crossing Extinguishment Order 2013". GIVEN under the Common Seal of the CounCil this14 THE COMMON SEAL OF THE CORNWALL COUNCIL Was herunto affixed in the ) ) )

thday of ~

2013

preS$hC$~ Authorised signatory

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, Certify that this is a proper copy of the Order as it was: MADE BY CORNWALL

COUNCIL ~ Signed:m~ Date

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SCHEDULE
DESCRIPTION OF SITE OF RIGHT OF WAY TO BE EXTINGUISHED That length of the public right of way on foot running between Road C0745 and public footpath 103/48 in the Parish of Ludgvan that commences from a point where it has a junction with that part of the right of way on foot to be retained approximately 14 metres south-south-east of the property number 1 "Seaview Cottages", Long Rock at Ordnance Survey Grid Reference (OSGR) SW 4997/3127 shown as point "A" on the attached map thence running in a generally southerly direction for 9 (nine) metres across the Plymouth to Penzance railway to a point where it has a junction with that part of the right of way on foot to be retained approximately 23metres south-southeast of the property number 1 Seaview Cottages", Long Rock at OSGR SW 4998/3126 shown as point "B" on the attached map,

For the avoidance of doubt the intention of the order is to stop up the full extent of the length of right of way described above thereby completely extinguishing the Mexico Inn Long Rock Pedestrian Crossing. For the avoidance of doubt the map referred to in the above Schedule is that entitled "The Cornwall Council (Mexico Inn Pedestrian Crossing) (Long Rock) Parish of Ludgvan Rail Grossing Extinguishment Order 2013" and is presented at a scale of 1 to 500.

Highways Act 1980 Section 118A Map Annexed to Order: Re File HAE 008 Parish: LUDGVAN CP Path Number: FP/103/UR Produced by Countryside AccessTeam: 05 August 2013
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Highways Act 1980 Section 118A Order Plan: Re File HAE 008 Parish: LUDGVAN CP Path Number: FP/103/UR Produced by Countryside AccessTeam: 05 August 2013
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The f;.:;tthEf iNs map dMS not show 3 Pob.,'ic-RJght t.fWa'j do~t>notmclmthat such rights: may not be the- subJect or it current claim ord"lmed <lnd p,-oved sometime 10 the future. This plan has baen produced specftcalfy to S-UPP1Y an imfwidval with value ad4;;:d local Authooty InformatiOr1. ltrema[ns!he property Cif Comm;!! Ccum:it <llld must not ~ copIed. This map has b~!;1npi-cduccd by uaf1sposing the Righb:>nf WilY fram L":le Oe.f!ni1$v.iJ- M"p, -rhe F(i:clse Une ofn. right of v{';J.'1~:;'u; onl,! bEtdeli'!fmlMd bycer.:trenc~ to the D/!nnltiv/! Map_

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This page is inserted into the copy order for presentational re;jsons to ensure that the back page of the order is shown as the back page of the copy.

The copy order is a proper copy of the signed and sealed legal instrument. However for ease of copying and to ensure that the margins of the maps are shown in full the copy was taken before the original order was bound.

RAIL CROSSING EXTINGUISHMENT ORDER HIGHWAYS ACT 1980 SECTION 118A

THE CORNWALL COUNCIL (MEXICO INN PEDESTRIAN CROSSING) (LONG ROCK) PARISH OF LUDGVAN RAIL CROSSING EXTINGUISHMENT ORDER 2013