Published Delegated Executive Decisions

Decision ref

0110 2022/23

Decision date

29/11/2022

Portfolio

Environmental Services & Climate Change

Wards

Thatto Heath

Title

Public Right of Way Application - No.214 Elephant Lane to Thatto Heath Park

Summary

To divert Public Right of Way No.214 Elephant Lane to Thatto Heath Park under Town and Country Planning Act 1990 to enable development to be carried out in accordance with planning permission granted by the Council or Secretary of State for Environment, Food and Rural Affairs.

Purpose

The existing Public Right of Way runs through a parcel of land north to Elephant Lane that is currently subject to an application for planning permission (Ref: P/2022/0480/FUL) for residential development of 164 residential dwellings. The current route of the footpath poses a significant constraint to development of the site. The Local Planning Authority are scheduled to consider the merits of the planning application on 1 November 2022.

Background

Section 257 of Town and Country Planning Act 1990 (the Act) makes provision for, subject to section 259, a competent authority, by order to authorise the stopping up or diversion of any footpath or bridleway if it is satisfied that it is necessary to do so in order to enable development to be carried out in accordance with planning permission granted under Part III of the Act.

Conclusion

This request will allow the procedure to be commenced under section 257 Town and Country Planning Act 1990 and allow the order to be confirmed if no objections are received.

Risk Implications

None

Measures to Redress Risk

None

Declarations Of Interest

None

More information

Please contact Alison Ennett on 01744 676580