Material Considerations In a Footpath Diversion Inquiry

CASE SUMMARY

Diversion of Footpath 550 North Caines (Worcestershire) pursuant to s.257 Town and Country Planning Act 1990 (Ref FPS/H1840/5/7)

Decision Date: 21.04.17

Application by Taylor Wimpey

Counsel for Applicant:   D E Manley QC

Outcome:   Order Confirmed

This is an interesting example of a rare type of case, namely a contested s.257 application.  The case illustrates a practical use of the balancing exercise under s.257 ibid.  Of particular interest is the fact that the Inspector, having initially rejected the submission, accepted the Applicant’s case that the Public Path Creation Agreement offered by the Applicant was a material consideration that weighed significantly in favour of the application.  The Inspector’s original view had been that he could only consider the diverted FP route and not any additional route that did not form part of the actual diversion.

A copy of the decision can be found here.

DAVID E MANLEY QC