Reference: D41886
Decision Maker: Director of Environment and Housing
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
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.
Wards Affected: Temple Newsam;
Contact: Claire Tregembo, Principle Definitive Map Officer 0113 3782875 Email: claire.tregembo@leeds.gov.uk.
Publication date: 15/12/2014
Accompanying Documents: