Issue - meetings

The Committee considered a report of the Director of Environment, the purpose of which was to request approval to submit amendments to the Planning Inspectorate in respect of the Definitive Map and Statement Modification Order relating to Footpath 26 Oldham, to correct factual errors in the Order.

At the last meeting of the Committee on 14^th March 2024, the Panel considered an update report on the Definitive Map and Statement Modification Order relating to the diversion of part of Footpath 26 Oldham, at Knowls Lane, Oldham. The report requested approval to submit amendments to the Order to the Planning Inspectorate to correct factual errors and the Panel agreed to defer consideration of the amendments to this meeting.

The Council had granted planning permission to an application from Russell Homes UK Limited, to facilitate the proposed development of a link road leading to the Knowls Lane Housing Development (Hybrid Planning Permission PA/343269/19). Planning Ref: MMA/344723/20 (Approved 23 April 2021) required the diversion of part of Footpath 26 Oldham, to facilitate the construction of the link road. The Council has the power, subject to Section 257 Town and Country Planning Act, to divert Footpath 26 Oldham in order for the development to be carried out in accordance with the granted planning permission.

The Council made an order diverting Footpath 26 Oldham, over the proposed link road via a stepped route on 4^th May 2022. The order was subsequently advertised in the local press and received numerous objections. The objections could not be resolved, so the matter was referred to the Planning Inspectorate and a Public Inquiry was held 13^th – 14^th June 2023. The Inspector’s decision (ref: ROW/3303492) not to confirm the Made Order was issued 31^st July 2023. Russell Homes successfully challenged the Inspector’s decision by judicial review and a Consent Order (ref: AC-2023-LON-002664) was confirmed by the High Court, quashing the Inspector’s decision on 27 October 2023.

Proposed amendments to the Made Order were detailed in Appendix 3, to the report, and included an amended width of the stepped route (1.2 metres) as the original amendment submitted to the Planning Inspectorate gave the incorrect width of the stepped route as 1 metre.

Options considered:

Option 1 was to submit the proposed amendments to the Made Order detailed in Appendix 3 of the report, to the Planning Inspectorate.

Option 2 was to not submit the proposed amendments to the Made Order detailed in Appendix 3 to the Planning Inspectorate.

Resolved:
that the Council does not submit the proposed amendments to the Definitive Map and Statement Modification Order relating to Footpath 26 Oldham, as detailed at Appendix 3 of the report to the Planning Inspectorate.

Note: An objector and Councillor Keyon addressed the Committee on this report.