Decision details

The Panel considered a report that sought approval for the making of a Public Path Diversion and Definitive Map and Statement Modification Order for Footpath 26 Chadderton at Burnley Lane to Chadderton Way, Chadderton.

The route of Footpath 26 Chadderton was shown the plan, that was attached to the report (764/A4/227/1). The path commenced at point A off Burnley Lane (s/o 372a) following an easterly route for approximately 208m where it met Chadderton Way.  The existing route ran through undeveloped land. The description of the current route was given in Schedule 1 to the report.

The diverted path was also shown on the plan and follows points A-C-D-E-F.  The description of the diverted route is given in Schedule 2 to the report.

The existing alignment of the Footpath would be directly affected by the development being constructed by the applicants. The required highway signage, from the metallised road and the way markers along the route will be paid for by the Applicant.

If the order were to be confirmed it would be necessary to modify the Definitive Map and Statement for Footpath 26 Chadderton. The Council has an obligation to continuously review the Map and Statement. The Public Rights of Way (Combined Orders) (England) Regulations 2008 allows the Order-making Authority to make a Combined Order for a diversion proposal and Definitive Map and Statement Modification.  Considering the above it was felt that this would be appropriate in this case.  The current wording for the Definitive Statement was given in Schedule 3 and the amended wording was given in Schedule 4 to the report.

Options considered:

Option 1: To approve the recommendation.

Option 2: Not to approve the recommendation

Resolved:

That the Council make a Public Path Diversion and Definitive Map and Statement Modification Order for the diversion of Footpath 26 Chadderton under Section 257 of the Town and Country Planning Act 1990 and section 53A of the Wildlife and Countryside Act 1981 as detailed in the report and officers be authorised to carry out the necessary procedures with a view to confirming the Order if no objections are made to the Order.