Agenda item

Permanent Diversion of Part of Definitive Restricted Byway RocDRupp12 at Stoney Heys in the Healey Ward

Minutes:

The Township Committee considered a report of the Director of Neighbourhoods, which explained that the Council has a Statutory Duty to maintain and keep the definitive map under continuous review and that this may be carried out by many methods, diverting, closing or adding a right of way. 

 

The Committee were informed that the property owner (the applicant) of Stoney Heys Barn has applied under Section 119 Highways Act 1980 to divert part of a legally recorded right of way running adjacent to the front of their property, to allow for a development to be carried out.

 

Section119 of the Highways Act 1980 allows the Council to consider an application if it is in the interest of the owner, occupier or lessee.  As part of that order there is a consultation period, should the Council receive relevant objections to the order the Council have no option other than to refer it to the Planning Inspectorate.

 

The property owner has received Planning authorisation from Rochdale Council to undertake development works to their property in the location where the right of way currently runs.

 

The landowner of the adjacent properties and land over which the diverted route will run has provided his agreement for the footpath to be diverted from his land fronting the other properties to the proposed location.

 

This diversion will not alter the use of the section of the right of way to be diverted it will send the legitimate users across a field area instead of a road.

 

The applicant is responsible for all fees in respect of this diversion.

 

Alternatives considered: to not to make the order and to maintain the current location of the restricted byway, However, the Council has already provided Planning Permission for improvement works to the property. It is possible that these works could not be implemented should the right of way remain running along the road to Stoney Heys.

 

Resolved:

1.    That rochdale North Township Committee, after reviewing the report, agrees to procceed with an order under section119 Highways Act 1980 to divert part of definitive footpath RocDRupp12.

2.    That the Council should confirm the order if there are no objections or to submit to the Planning Inspectorate for a decision should one or more relevant objections be received by the Council.

3.    That following receipt of any instructions from the Head of Environmental Services, the Assistant Director (Legal, Governance and Workforce) be authorised to prepare the appropriate legal documents and execute such documents on behalf of the Council.

 

Reasons for the decision:

The Council is obligated under Statutory Duty to keep and maintain the definitive map and statement and to ensure it is under continuous review.

 

A method of reviewing the map and statement is by the implementation of a Highways Act order under Section 119, a Public path Diversion Order to divert part of a definitive route if it is expedient to do so in the best interest of the owner, occupier or lessee of land crossed by the path.

 

A property owner has applied to divert part of a right of way under Section 119 to implement a Rochdale Council authorised planning application to improve their property.

Eligible for Call-in: Yes.

Supporting documents: