Decision details

Purpose of report: To consider an application by Askham Bryan College to extinguish a section of Public Footpath, Askham Bryan No 9 that currently runs through the college’s zoo area, and create an alternative section of footpath along the college access road. The application is made under the provisions of the Highways Act 1980 sections 118 and 26. The orders would be made concurrently.

The Executive Member will be asked to approve or reject the making of the legal orders required to change the council’s Definitive Map and Statement and thus enable the changes to be made on the ground.

The Executive Member considered a report which asked him to support an application from Askham Bryan College for concurrent extinguishment and creation orders under sections 118 and 26 of the Highways Act 1980, to extinguish the southern section of Public Footpath, Askham Bryan No 9 that currently runs through Askham Bryan College wildlife park and create a new alternative footpath running along the college’s private access road.

He acknowledged the written representations submitted on behalf of Askham Bryan Parish Council and the York Group of The Ramblers and from local residents and Julian Sturdy MP as well as comments made  under public participation by agents on behalf of Askham Bryan College, the York Group of The Ramblers, local residents and a ward councillor.

He noted the concerns raised by residents in relation to the proposed extinguishment and creation orders and considered the 3 options listed in the report at paragraph 25.

He expressed the view that agreeing to option 2 (to refuse the application and not authorise the making of any of the orders) would prolong a decision. He noted that, as  objections had already been received, agreeing to option 1 would mean that the orders would be referred to the Planning Inspectorate for determination on behalf of the Secretary of State and this would mean the matter would be resolved more quickly by an independent inspector. Officers explained the process whereby the orders would be made and advertised and then a statement of case along with details of all the objections received would be sent for determination by the inspector.

Resolved:  That option 1 be agreed, and the application be supported and the Assistant Director, Legal and Governance, be authorised to:

(a) make and advertise concurrent extinguishment and creation orders under sections 118 and 26 respectively of the Highways Act 1980 as shown on Annex 2: Proposed Order Plan;

(b) confirm the orders as unopposed orders if no objections are received or if objections are received and withdrawn, or, in the event that objections are received and not withdrawn, to refer the orders to the Planning Inspectorate for determination on behalf of the Secretary of State;

(c)  make Definitive Map Modification Orders to make the necessary changes to the Definitive Map and Statement for the area.

Reason: To legally put in place the requested changes.