Agenda item

Opposed Stopping Up Order 2021: Abandonment and making of a diversion Order under Town and Country Planning Act 1990, section 257

To consider a report on Public footpath B59, land at Ysgol Gymraeg y Trallwng (Howell Road, Welshpool SY21 7SU (Community of Welshpool.) Proposed abandonment of Stopping Up Order 2021 and making of a new Diversion Order.

Minutes:

The Committee considered the report regarding the Opposed Stopping Up Order 2021: Abandonment and making of a diversion Order under Town and Country Planning Act 1990, section 257 - Public footpath B59, land at Ysgol Gymraeg y Trallwng (Howell Road, Welshpool SY21 7SU (Community of Welshpool.) Proposed abandonment of Stopping Up Order 2021 and making of a new Diversion Order.

 

The local member advised the Committee that there had been no  consultation on this latest proposal.  He advised that this was not a sensible proposal, as there would be access to the school carpark. 

 

The local member proposed that consideration of this should be deferred to enable discussions to take place between himself, the Town Council and the Education Service. 

 

In response to a question the Assistant Commons Registration and Definitive Map Officer advised that as an objection had been raised in respect of the Stopping Up Order the Education Service agreed to consider the diversion proposed by the objector.  She informed the Committee that a perimeter fence would be erected to separate the footpath from the school field and car park, so addressing safeguarding issues.

 

In response to questions the Professional Lead - Countryside Access & Recreation advised that if the Committee was minded to approve deferment, to allow discussions with the Education Service and the local member a few weeks delay would have some impact but this should be minimal.  However, if a significantly different proposal was then put forward there could be significant delay.  If an objection was received this would need to be considered by the Planning Inspectorate which could take a year or more. 

 

It was moved to agree the officer recommendation.

 

The local member argued that he did not consider that the building of the school would be delayed as the car park would be the last thing to be provided.  He considered that there should be proper consultation with the Town Council.  His proposed deferment was seconded.

 

The Professional Lead - Countryside Access & Recreation in response to questions advised that a small section of the proposed school impacted on the current footpath.  She advised any delay could potentially have an impact on the 21st Century school funds allocated to the development.  She advised that the Extinguishment Order had not been referred to the Planning Inspectorate due to the potential delay in the later considering this.  The Education Service had therefore sought to find a solution in respect of a diversion order.  She advised that if the Committee was minded to approve as per the officer’s recommendation and this was not opposed later there would be no delay.  If approved and an objection was received the proposal would need to be referred to the Planning Inspectorate for consideration, which would mean a delay.

 

The Assistant Commons Registration and Definitive Map Officer advised that the Education Service had undertaken the correct consultation and sent the correct documents to consultees.  Email reminders had been sent and consultees had been advised that if no response had been received it would be assumed they had no comments on the proposal.

 

The motion to agree officer’s recommendation was seconded.  The Solicitor advised that this second motion was an amendment to the proposal to defer consideration of the application and should therefore be taken first.

 

RESOLVED

Reason for decision

1.    That the Stopping Up Order made in April 2021 for part of footpath B59 under section 257 of the Town and Country Planning Act 1990, as at appendix B, be formally abandoned; and

2.    That a diversion Order be made under section 257 of the Town and Country Planning Act 1990 in replacement to divert part of footpath B59 in the community of Welshpool as shown on the plan at appendix E.

As officer’s recommendation as set out in the report which is filed with the signed minutes.

 

The Professional Lead - Countryside Access & Recreation agreed she would send information to the local member and the seconder of his motion on how to object to the above decision.

 

 

 

Supporting documents: