Venue: J R Clynes Ground Floor Room 1 - The JR Clynes Building. View directions
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Apologies For Absence Minutes: Apologies for absence were received from Councillor Hughes.
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Urgent Business Urgent business, if any, introduced by the Chair Minutes: There were no items of urgent business received. |
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Declarations of Interest To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting. Minutes: There were no declarations of interest received. |
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Public Question Time To receive Questions from the Public, in accordance with the Council’s Constitution. Minutes: There were no public questions received.
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Minutes of Previous Meeting The Minutes of the meeting held on 29th January 2026 are attached for approval. Minutes: RESOLVED that the minutes of the meeting held on 29th January 2026 be approved as a correct record.
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Following the decision of the Highways
Regulation Committee on 19 June 2025 not to approve the application
for the making of an Order for the addition of the claimed route to
the Definitive Map & Statement at Laurel Avenue, Chadderton,
the applicant submitted an appeal to the Planning Inspectorate. The
decision of the Inspector appointed by the Secretary of State for
Environment, Food and Rural Affairs is that Oldham Council is now
directed to make an Order as they are satisfied that the legal
tests for use of the claimed route ‘as of right’ for a
continuous period of 20 years are satisfied. Minutes: Consideration was given to a report of the Director of Environment which sought approval (as directed by the Secretary of State) for the making of a Definitive Map and Statement Modification Order for the addition of the claimed route at Laurel Avenue, Chadderton.
Following the decision of the Highways Regulation Committee on the 19th June 2025 not to approve the application for the making of the order, the applicant submitted an appeal to the Planning Inspectorate. The decision of the Inspector appointed by the Secretary of State for Environment, Food and Rural Affairs was that Oldham Council was to be directed to make an Order as they were satisfied that the legal tests for use of the claimed route ‘as of right’ for a continuous period of 20 years were satisfied.
An application for a Modification Order was submitted following the erection of gates by the current landowner in November 2024. 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 application and associated evidence were investigated and considered by the Public Rights of Way Officer. The Officer was satisfied that considering all evidence, upon the balance of probabilities a right of way existed and that there was no evidence prior to the erection of the gates in November 2024 of a lack of intention to dedicate by the landowner.
Options considered: Option 1: To approve the recommendation. Option 2: Not to approve the recommendation.
RESOLVED that the Director of Environment and the Director of Legal Services be authorised to carry out the necessary procedures to make the Order and to confirm the Order in the event that no objections are made to it.
NOTE: 1. An Objector attended the meeting and addressed the panel. 2. A Ward Councillor attended the meeting and addressed the Committee. |