Issue - meetings

Consideration was given to a report which asked the Committee to determine an application submitted under Schedule 14 of the Wildlife and Countryside Act 1981, requesting that a Modification Order be made in respect of a stepped route running from the side of 31 Laurel Avenue, Chadderton to the Rochdale Canal towpath (the Application Route), which was shown on the plan 764/A4/252/1 attached to the report.

The application for a Modification Order was submitted by the Chairman of the Firwood and District Residents Association, following the erection of gates by the current landowner in November 2024. The evidence in support of the application consisted of 43 user evidence forms and maps claiming more than 20 years use of the Application Route. The user evidence was considered against the statutory provisions in section 31 of the Highways Act 1980 concerning dedication of a highway through 20 years’ usage as of right.

Options considered:

Option 1: To approve the application and add the Application Route to the Definitive Map and Statement as a footpath.

Option 2: Not to approve the application.

RESOLVED that as per option 2, the application not be approved.

NOTE: A Ward Member addressed the Panel on the application.