Decision details

The Panel considered a report providing an update to members on the current position in relation to the proposed diversion of Definitive Footpath 26, Oldham.

Objections to the Footpath Diversion Order were considered by a Planning Inspector at a public inquiry in June 2023.  The Inspector had subsequently decided not to confirm the Order but the developer had successfully challenged that decision by a judicial review.  The Planning Inspectorate were intending to reconsider the objections by a written representations procedure.

It was reported that modifications to the Made Order are required to amend the description of the overall length and description of the footpath in the definitive statement for Footpath 26 Oldham to reflect the fact that Footpath 26 Oldham terminates at Footpath 197 Saddleworth. Footpath 26 Oldham joins Footpath 25 Oldham and then they both run jointly to meet Footpath 197 Saddleworth where they both terminate. The measurements given in the Order were only between its commencement at Knowls Lane and where it joined Footpath 25 Oldham. The amendments also remove the reference to the number of steps and riser depth and confirm that the diversion of the footpath would take effect when the Council certifies that the diverted route has been provided. The amendments were accepted by the previous Planning Inspector and would have been included in the Confirmed Order if her decision had been to confirm the Made Order. However, as the Inspector did not confirm the Made Order and as her decision was subsequently quashed, the Council would need to submit the amendments to the Planning Inspectorate again to be considered by a new Inspector appointed as part of the written representations procedure. The proposed amendments to the Made Order were detailed in Appendix 2 of the report.

Officers recommended submitting the amendments to the Inspector as without modification the Made Order would be inaccurate as Footpath 26 Oldham will be incorrectly described in the definitive statement and it would be unclear when the diversion could be brought into effect. After hearing representations from an objector members considered that it should be left to the Inspector to determine any modifications.

Options considered:

Option 1  - to agree to the proposed amendments to the Made Order.

Option 2  - to not agree to the proposed amendments.

RESOLVED: That consideration of the proposed amendments be deferred until the next meeting of the Panel in June.

NOTE:

An Objector and a ward councillor attended the meeting and addressed the Panel on this application.