Agenda item

Consideration was given to a report of the Director of Legal Services that sought approval for possible modifications to the Oldham Borough Council (Part of Footpath 119 Saddleworth) Public Path Diversion and Definitive Map and Statement Order 2017.

The Panel was informed that, following a decision by the Traffic Regulation Order Panel on 27 July 2017, the Council had made a Public Path Diversion and Definitive Map and Statement Modification Order in respect of part of footpath 119 Saddleworth at the rear of Treetops Close, Dobcross. The diversion was proposed to enable the Council-owned land through which the footpath passed to be sold to the owners of 1 - 3 Treetops Close as garden extensions. The proposed diversion route to an extent followed an existing unofficial track across Council-owned land and would divert the footpath around the garden extensions.

The owner of 3 Treetops Close obtained planning permission for the change of use of the land to garden use associated with the dwellings (PA/340311/17), with the intention of buying the land from the Council with his neighbours. However, several objections to the Order were received and the Order had been sent to the Planning Inspectorate for determination.

The objections were being dealt with by the written representations procedure, where all parties submitted their comments to the Planning Inspector for consideration. The Inspector would subsequently decide whether the Order should be confirmed or not. It was possible for the Inspector to confirm the Order with modifications if no prejudice was caused by the

proposed modifications.

The Panel noted that one of the objections, from a resident of Sycamore Cottages, was that the start of the diversion route (point B on the Order map) lay on land in his ownership and that point B should be located slightly to the south east. In February 2020 the objector acquired land at the rear of Treetops Close, Dobcross from the Council by adverse possession, having

fenced off the land without the Council’s permission and incorporated it into his garden several years before.

Where a footpath was being diverted it was necessary to obtain the consent of any landowner over whose land the diverted footpath passed before the Order could be confirmed. From the different scales of the Order map compared to the Land Registry plan it was difficult to determine whether point B on the Order map lay on land still owned by the Council or on the land acquired by the objector. The Council view was that point B remained on land

owned by the Council. However, in the event that the Planning Inspector agreed that point B lay on the objector’s land, the Panel was requested to agree that the Inspector be requested to modify the Order so that point B was relocated slightly to the south east onto land remaining in the Council’s ownership and which was due to be sold to the owners of 1-3 Treetops Close.

It had been noted that point C on the Order map was not located on an adopted highway. Point C was an existing footpath which formed part of the access to Holy Trinity C of E Primary School but it had not been formally dedicated as a highway. A footpath diversion should end on a highway so it was recommended that the Planning Inspector be requested to modify the Order so that the proposed diversion continued from point C along the access footpath to point A where it joined the adopted highway network.

The panel was informed that it was not considered that any prejudice was caused to any party by the proposed modifications to the diverted footpath route as they would be on Council-owned land.

RESOLVED that:-

1.    In the event that the Planning Inspector determined that point B on the Oldham Borough Council (Part of Footpath 119 Saddleworth) Public Path Diversion and Definitive Map and Statement Order 2017 did not lie on Council-owned land, the Inspector be requested to modify the Order by moving point B slightly to the south east to a position which lay on Council-owned land;

2.    The Planning Inspector be requested to modify the Order by extending the termination of the footpath diversion from point C to point A on the Order map so it terminated on an adopted highway.