Decision details

The Natural Environment Manager did not to authorise the City Solicitor to make an Extinguishment Order under the Town and Country Planning Act 1990 for the footpath between Chapel Yard and Chapel Street, Halton for the following reasons:

(a) There is no physical building work to be carried out over the line of the footpath, only gardens and fences. Public rights of way can run through gardens, therefore it is not considered necessary for the footpath to be extinguished to allow the development to be carried out.
(b) Provision could also have been made to divert the footpath through the central courtyard and then down to and along the southern boundary of the site to join the existing footpath at the north western corner of the library. Diversions are always preferable to outright extinguishment.
(c) The footpath provides a well-used link between the library and other local facilities for local residents including by nursery school children. The alternative route involves the use of a narrow pavement alongside a busy road where the width is reduced by a bus stop. The effects of the Order on those entitled to use it should be taken into account before confirming an Extinguishment Order.
(d) The footpath provides the only access to an adjoining property’s bin store and no attempt has been made to provide alternative access or provision. The effects of the Order on those entitled to use it should be taken into account before confirming an Extinguishment Order.
(e) The applicant has already commenced work on site and is expected to complete the development by the end of November or beginning of December. Public Path Extinguishment Orders under the Town and Country Planning Act 1990 cannot be made or confirmed if the development is already substantially complete.