Ruth Stockley, instructed by Mark Iveson at Gateley has successfully acted for Story Homes at an inquiry into an application under section 257 of the Town and Country Planning Act 1990 for the confirmation of an Order to stop up a public footpath to enable the implementation of planning permission for 224 dwellings on a site in Cockermouth. The footpath was a well-used, locally important part of the network leading to the summit of Slate Fell and beyond to paths within the Lake District National Park. That link was intended to be preserved via the adopted estate roads under a section 38 agreement.
The Inspector’s decision is of particular interest in relation to the Objectors’ contention that it was not necessary to stop up the footpath within the meaning of s.257 as it could have been diverted instead. She concluded that despite it having been possible, and even preferable, to have diverted the path, that was not the proposal before her. Stopping up was still necessary to enable the development to be implemented in accordance with the approved planning permission.
Crucially, in ascertaining the merits of confirming the Order, the Inspector weighed in the balance the public interest in a significant number of new homes being built as soon as possible. She further noted the planning conditions imposed which ensured the preservation of public access through the site.
The decision is a useful reminder of the critical importance of the material weight attributed to planning benefits in the determination of whether to confirm a stopping up order under s.257, in contrast to where the alternative procedures under sections 116 and 118 of the Highways Act 1980 are used and such benefits are not taken into account.
A copy of the Order Decision can be found here.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Expert evidence is a common and, in most instances helpful, feature of modern litigation and arbitration. Mark Har… https://t.co/vW5NxE69lI Kings Chambers 5 days, 6 hours ago..
Appeal Decision is Veritable Smorgasbord of Planning Delights...
Read more: https://t.co/KFpBG4Gmf7 https://t.co/rE1hPTJ1Kv Kings Chambers 1 week ago..
Killian Garvey (@kingsplanner) successfully defends the service of an enforcement notice by North Northamptonshire… https://t.co/Qi7VFs1uba Kings Chambers 2 weeks, 3 days ago..
Ian Ponter: Another View of Green Belt Openness
An appeal made against an enforcement notice in an effort to retai… https://t.co/pT4N3TviiH Kings Chambers 3 weeks, 3 days ago..
There is still time to book for the 'Aspects of Property Fraud' Blundell lecture with Lesley Anderson QC (… https://t.co/0Hwvvj48p0 Kings Chambers 3 weeks, 5 days ago..
© Copyright 2021 Kings Chambers. All rights reserved.
Please click here to view our current guidelines
Continue using site