Agenda item

The Panel considered a report that sought approval for the making of a Public Path Diversion and Definitive Map and Statement Modification Order for Footpath 26 Oldham, land off Knowls Lane, Oldham.

The Panel were informed that the route of Footpath 26 Oldham was shown on attached plan (764/A4/226/1).  The path commences off Rhodes Hill South of Thornley Brook following an easterly route to its junction with Footpath 25 Oldham for approximately 480m.  The existing route runs through undeveloped land. The description of the current route was given in Schedule 1, to the report.The diverted path was also shown on the plan and followed points A-C-D-B.  The description of the diverted route was given in Schedule 2, to the report.

The existing alignment of the Footpath would be directly affected by the development being constructed by the applicants.

The required highway signage, from the metallised road and the way markers along the route would be paid for by the Applicant.

Under section 149 of the Equality Act 2010 the Council must, in the exercise of its functions have due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic (which includes disability) and persons who do not share it.  In considering this application it was assessed that the current route of Footpath 26 Oldham was not accessible to wheelchair users as it is uneven, unpaved, muddy, and often steep and narrow in parts, so it did not provide equality to disabled persons.  A diversion route could not be created that would be entirely level and without steps owing to the topography of the area. Any member of the public accessing the Thornley Brook valley on foot is met with a steep inclined approach and as a result, users of the footpath had to be able to navigate initial slopes and steps to be able to walk the footpath. The proposed diversion route and the provision of timber framed steps and flagging at steep points would improve access for all non-wheelchair users.  As the existing footpath was not accessible to all wheelchair users, the proposed diversion would not result in any additional loss of access to all wheelchair users. 

If the order were to be confirmed it would be necessary to modify the Definitive Map and Statement for Footpath 26 Oldham. The Council has an obligation to continuously review the Map and Statement. The Public Rights of Way (Combined Orders) (England) Regulations 2008 allowed the Order-making Authority to make a Combined Order for a diversion proposal and Definitive Map and Statement Modification. The current wording for the Definitive Statement was given in Schedule 3 and the amended wording was given in Schedule 4, to the report.

An objector attended the meeting and was permitted to address the Panel on this application.

A Saddleworth West and Lees Ward Councillor attended the meeting and was permitted to address the Panel on this application.

The applicant attended the meeting and was permitted to address the Panel on this application.

Options considered:

Option 1: to approve the recommendation.

Option 2: not to approve the recommendation.

Resolved that, as per the recommendation, the Public Path Diversion and Definitive Map and Statement Modification Order for Footpath 26 Oldham be approved under section 257 of the Town and Country Planning Act 1990 and section 53A of the Wildlife and Countryside Act 1981.