Issue - meetings

The Committee considered a report of the Director of Environment that sought approval to submit the Footpath 152 Oldham Public Path Diversion and Definitive Map and Statement Modification Order 2024 to the Planning Inspectorate with a request that the Order be confirmed, subject to the inclusion of the amended wording to the Definitive Statement detailed in Schedule 3 of the report.

The Council made a Public Path Diversion and Definitive Map and Statement Modification Order, diverting Footpath 152 Oldham, following the removal of the bridge spanning the Oldham Way on 11^th January 2024, which was subsequently advertised in the local press and an objection was received.

The objection received from the Ramblers Association was in relation to the proposed amended description of the footpath route in the Definitive Statement. Public rights of way in the Borough are recorded on the Definitive Map and Statement, which the Council has a duty to keep under continuous review under Section 53 of the Wildlife and Countryside Act 1981. 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 restrictions on their use.

The objection requested the replacement in the revised Definitive Statement in Schedule 2 of the report of the wording ‘red tin footbridge’ with ‘Victorian steel lattice footbridge’ and officers considered that the proposed wording was a more appropriate description of the footbridge.

The objection could be resolved by submitting the Order to the Planning Inspectorate with a request that the Order be confirmed subject to the amended wording in the Definitive Statement.

The Committee was advised that the Council does not have the power to amend Public Path Diversions and Definitive Map and Statement Modification Orders after they have been made. Modifications can only be made by the Planning Inspectorate. It was therefore necessary to send the Order to the Planning Inspectorate with a request that it be confirmed and brought into force subject to the proposed amended description of the footbridge in the Definitive Statement.

Options considered:
Option 1: To agree to the proposed amendments to the Made Order.

Option 2: Not to agree to the proposed amendments.

Resolved:

That an application be made to the Planning Inspectorate to confirm the Order subject to the modifications detailed in Schedule 3 of the report.