Decision details

Consideration was given to a report which sought approval to the making of a Public Path Diversion and Definitive Map and Statement Modification Order for Footpaths 83, 84 & 88 Crompton, at Land at Cocker Mill Lane, Shaw.

The Council had received an application from Redrow Homes Lancashire to facilitate the proposed development of 201 dwellings at Land off Cocker Mill Lane, Shaw. Planning Ref: FUL347664/21 (granted 21/01/2022). In January 2023, the TRO Panel approved a different Public Path Diversion and Definitive Map and Statement Modification Order for Footpaths 83, 84 & 88 Crompton for the same development, which did not involve diverting some of the footpaths along proposed estate roads to be constructed pursuant to the planning permission. Diversions along estate roads were contrary to the Secretary of State’s guidance in Rights of Way Circular 1/09 that in considering potential revisions to an existing right of way that were necessary to accommodate the planned development, but which were acceptable to the public, any alternative alignment should avoid the use of estate roads for the purpose wherever possible and preference should be given to the use of made up estate paths through landscaped or open space areas away from vehicular traffic.

A Public Path Diversion and Definitive Map and Statement Modification Order was subsequently made on 28 June 2023 and advertised. A number of objections were received from the Ramblers Association and the Peak and Northern Footpath Society that the diversions were not following the proposed estate roads. The developer had requested that a new Public Path Diversion and Definitive Map and Statement Modification Order be made to address the objections, rather than delay matters by referring the existing Order to the Planning Inspectorate for consideration. The Council was currently experiencing considerable time delays with Footpath Orders which were with the Planning Inspectorate for determination and officers support the developer’s request. In the interest of expediency, a new order was requested accommodating the requests of the objectors for the diversion of the existing footpaths to follow the estate roads. This decision was supported by the applicant.

Options considered:

Option 1 – To approve the recommendation.

Option 2 – Not to approve the recommendation.

RESOLVED that the application be approved as recommended and that the Council make a Public Path Diversion & Definitive Map and Statement Modification Order for the Footpaths 83, 84 & 88 Crompton under Section 119 of the Highways Act 1980 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 in the event that no objections are made to the Order.