1. Section 51 advice
  2. Advice in detail

Advice to East Riding of Yorkshire Council

Back to list

Enquiry

From
East Riding of Yorkshire Council
Date advice given
24 March 2011
Enquiry type
Email

I am in pre-application consultation with Able regarding the diversion of a Public Footpath. This is my first encounter with a scheme that is to be submitted to the IPC and would like some advice.

As I understand it that when they submit the application to the IPC that will include their proposals for the diversion of the footpath as per Statutory Instrument 2009 No. 2264 section 5 (k). How detailed does this proposal have to be and is there a list of statutory consultees (such as the Ramblers, and ourselves) that they have to have agreement with before they get to this stage?

In all the documents I have read so far I have been unable to see who actually will do the Order for the diversion of the Public Right of Way when the development has finally received consent. Can it then be dealt with by us, as the Highway Authority, as normal under TCPA 1990 s257 or will it be done under another mechanism similar to a Side Roads Order?

At present I am also unsure of if or how the fact that this is on Crown Estates Land will affect any proposed diversion.

Advice given

  1. Footpath diversion - As the footpath diversion is part of the proposed project and the detail will be included within the Development Consent Order (DCO) the applicant is required to do a number of things. Firstly, the details themselves will be required to be consulted upon. Secondly, it will be necessary to include the details on the plan submitted under Regulation 5(2)(k) of the Applications: Prescribed Forms and Procedure Regulations. You may wish to discuss with the applicant how they propose to include the provisions for extinguishment in the DCO. With regard to the Ramblers Association, they are not a statutory consultee although Able UK may have chosen to consult them. Finally, you may be aware that your authority will have the opportunity to submit a Local Impact Report should the application be accepted by us for examination. This will provide you with the opportunity to provide comments on the proposed diversion. We have published guidance on this which can be viewed on our website - http://infrastructure.independent.gov.uk/wp-content/uploads/2010/05/Advice-note-1-LIR.pdf

  2. Order for diversion - The applicant will need to ensure that the DCO is structured so that it provides for the required diversion.

  3. Crown Estates land - Section 135(2) sets out that where Crown land is involved it is necessary for the appropriate Crown authority to provide their consent for the inclusion in the DCO of provisions which relate to such land (or rights benefiting the Crown).