FOOTPATH DIVERSION Public Right of Way to the rear of former Queen Mary Terrace and Bridge Terrace Mitton Road Whalley BB7 9JS - Town & Country Planning Act 1990 - Section 257 - RVBC - Footpath 3-45-FP51 - Diversion Order
20th of October, 2023
Whalley Parish Council objected to the diversion of the existing PROW. The proposed diversion is very close to and re-joins Mitton Road in the middle of the diversion which is a very busy and noisy Road. The existing footpath took users away from the traffic for the enjoyment of pedestrians.
This matter has progressed to the Planning Inspectorate and all those that made objections or representation should read the following and act within the dates timetabled stated below.
Whalley Parish Council
12 October 2023
Dear Parish Clerk,
Town and Country Planning Act 1990 - Section 257
Order Making Authority: Ribble Valley Borough Council
Title of Order: Ribble Valley (Footpath 3-45-FP51) Diversion Order 2023
I refer to our letter in which your views were sought on the procedure to be adopted in the determination of the above Order(s). As no party to the Order has asked to be heard by an Inspector appointed by the Secretary of State, the consideration of this Order will therefore take the form of an exchange of statements of case and comments on statements of case as well as a site visit by the Inspector.
The start date for this Order is as stated on the enclosed notice of order.
The enclosed notice, which will appear on our website, contains information about the Order, where queries about the Order should be directed, when and where documents relating to the Order can be inspected and the timetable for sending statements of
case and comments. Please ensure you read the notice carefully.
In fairness to the other parties we ask everyone to keep to the timetable set out in the notice and to ensure that statements of case and comments are with us on time. Late documents will be returned. As I have given details of the timetable, I will not send you reminders.
Site visit arrangements
Once the exchange of statements of case and comments has been completed, the Inspector will visit the site. The purpose of the site visit is for him to see the land to which the Order relates and the surrounding area and to note physical features such as stiles, gates, fences, walls, hedges and trees. He makes this visit alone unless the authority, any person who has made an objection or representation or the applicant ask to accompany him. Further information on site visits, is in section 2, paragraph 2.13 of the booklet Guidance on
procedures for considering objections to Definitive Map and Public Path Orders in England.
We are encouraging local authorities to retain pdf copies of their submission bundle to the Planning Inspectorate. If you would like to receive a copy, please contact Ribble Valley Borough Council to find out if one is available.
Please ensure our case reference number is quoted in all correspondence.
Yours sincerely,
Michael Edwards
https://www.gov.uk/government/publications/planning-inspectorate-privacy-notices
NOTICE OF ORDER
Town and Country Planning Act 1990
Ribble Valley Borough Council
Ribble Valley (Footpath 3-45-FP51) Diversion Order 2023
Notice is hereby given that the above referenced Order has been submitted to the Secretary of State for Environment, Food and Rural Affairs for determination. An Inspector will be appointed by the Secretary of State to determine the Order.
The start date for the above Order is 17 October 2023
Consideration of the Order will take the form of exchanges of statements of case and comments on statements of case.
The effect of the Order, if confirmed without modifications, will be to divert the entire width of Footpath 3-45-FP51 running 240m from Mitton Road to Pendle Drive (points A to B), 220m from Pendle Drive to Calderstones Drive, except for the footpath alongside Calderstones Drive (points C to I and J to K) and 40 m from the junction in the path to Calderstones Drive, except for the footpath alongside it (points D to F and G to H) and to create an alternative predominantly of tarmac running through the residential access and landscaping of the proposed development from Mitton Road (grid ref. SD 7267 3753) generally south to another point on Mitton Road (SD 7267 3744) and from Mitton Road (SD 7265 3731) generally south to another point on Mitton Road (SD 7267 3712); points L to M (100m) and N to O (200m) as shown on the order map. The width of the footpath shall be 2m.
Any queries relating to this Order should be referred to Mike Edwards by email: michael.edwards@planninginspectorate.gov.uk quoting reference number ROW/3322263 on all correspondence. Alternatively, queries may be sent in writing to The Planning Inspectorate, Rights of Way Section, Room 3/A Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Telephone: 0303 444 5344
Any person wishing to view the statements of case and other documents relating to this Order may do so by appointment at the offices of Ribble Valley Borough Council at Council Offices, Church Walk, Clitheroe, BB7 2RA between 10am and 4pm. Contact planning@ribblevalley.gov.uk
Timetable for sending in statements of case and comments
Within 2 weeks of the start date [by 31 October 2023]
The Order Making Authority must ensure their statement of case is received by the Secretary of State. As soon as possible after the deadline, the Secretary of State will send a copy (excluding copies of any supporting documents - these will be available to view at the Authority’s offices) to everyone who has made an objection or representation, the applicant and any other person who has written to us in respect of the Order.
Within 8 weeks of the start date [by 12 December 2023]
Everyone who has made an objection or representation or any other written representation or any other person wishing to make representations in writing must ensure their statement of case is received by the Secretary of State. As soon as possible after the deadline, the Secretary of State will send full copies to the Authority. Copies (excluding copies of any supporting documents - these will be available to view at the Authority’s offices) will also be sent to the applicant, every person who has made an objection or representation and any other person who has written to us in respect of the Order.
Within the same period the applicant (if applicable) must ensure their statement of case is received by the Secretary of State. As soon as possible after the deadline, Secretary of State will send a full copy to the Authority. Copies will also be sent to everyone who has made an objection or representation and any other person who has written to us in respect of the Order (excluding copies of any supporting documents - these will be available to view at the Authority’s offices).
Within 14 weeks of the start date [by 23 January 2024]
Everyone who has made an objection or representation, the Authority, the applicant (if applicable) and anyone who has written to us in respect of the Order must ensure that their comments on any or every other statement of case is received by the Secretary of State. As soon as possible after the deadline, the Secretary of State will send copies of these comments to everyone else.
In fairness to the other parties everyone should keep to the timetable to ensure that statements of case and comments are received on time. Late documents will be returned.
We cannot accept any inflammatory, discriminatory or abusive comments. Any documents containing such comments will be returned.
Notice of order for w/r