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Definitive Map and Statement Modification Order Stopping Up of Definitive Footpaths 186 & 187 Oldham, at Fontwell Lane & Acre Lane, Derker, S53 Wildlife and Countryside Act 1981

 

 

Meeting: 13/06/2024 - Highway Regulation Committee (Item 7)

7 Definitive Map and Statement Modification Order Stopping Up of Definitive Footpaths 186 & 187 Oldham, at Fontwell Lane & Acre Lane, Derker, S53 Wildlife and Countryside Act 1981 pdf icon PDF 520 KB

Subsequent to the confirmation of the Stopping Up of Highways (North West) (No.14) Order 2018 by the Secretary of State for the stopping up of Footpaths 186 and 187 Oldham it is necessary for Oldham Council as Highway Authority to amend the Definitive Map and Statement for the aforementioned Footpaths to reflect the stopping up.

Minutes:

The Committee considered a report of the Director of Environment which advised that, subsequent to the confirmation of the Stopping Up of Highways (North West) (No.14) Order 2018 by the Secretary of State for the stopping up of Footpaths 186 and 187 Oldham, it would be necessary for Oldham Council, as Highway Authority, to amend the Definitive Map and Statement for the aforementioned Footpaths to reflect the stopping up.

 

The Secretary of State had authorised the stopping up of Footpaths 186 and 187 Oldham with effect from 28th February 2018, in order for development to be carried out in accordance with planning permission granted to First Choice Homes (PA/340556/17). As a result of this, it was required for Oldham Council to make the necessary amendments to the Definitive Map and Statement.

 

The Council had an obligation to continuously review the Definitive Map and Statement. The Definitive Map shows the location and status of public rights of way and the Definitive Statement gives descriptions of the public rights of way, including any restriction on their use.

 

The confirmation of the Stopping Up of Highways (North West) (No.14) Order 2018 by the Secretary of State meant that it woud be necessary to modify the Definitive Map and Statement for Footpaths 186 and 187 Oldham to reflect the stopping up of the footpaths. To amend the Definitive Map and Statement the Council would be required to make a Modification Order pursuant to section 53(2)(b) of the Wildlife and Countryside Act 1981. The Definitive Statements for the Footpaths were given in the Schedule and these should be deleted from the Definitive Statement and Footpaths 186 and 187 Oldham should be removed from the Definitive Map.

 

Options considered:

Option 1: To approve the recommendation.

Option 2: Not to approve the recommendation.

 

Resolved:

That the Council make a Modification Order in respect of Footpaths 186 and 187 Oldham, under Section 53(2)(b) of the Wildlife and Countryside Act 1981, as detailed in the report and the Director of Environment and the Director of Legal Services be authorised to carry out the necessary procedures.