URL: https://cumberland.moderngov.co.uk/ieDecisionDetails.aspx?ID=695

Decision Maker: Assistant Director of Thriving Places

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: That the Assistant Director authorises the Chief Legal Officer to make an order under Section 257 of the Town and Country Planning Act 1990   to stop up public footpath no 120007 in the parish of Kingmoor as shown A-B on the attached order plan and   to divert public footpath no 120008 in the parish of Kingmoor as shown B-C to a new route D-E-F-G-H-I-J-C as shown on the attached order plan   and in the event no objections are made to the order, that the Chief Legal Officer be authorised to confirm the order Public Footpath Nos 120007 and 120008 follow alignments through the development area and would be impacted by the proposed development.    Local Plan Policy G15 states that new development will be expected to ensure that all public rights of way are retained and proposals that would affect existing rights of way will not be permitted unless an alternative route is available, or can be made available, which is safe, attractive, is well integrated with the existing network and is not significantly longer than the original routes.   The proposed new route starts on the Carlisle Northern Development Route (CNDR) at the business park’s southern entrance and follows the existing footway before crossing Dukes Drive via a provided crossing point with associated dropped kerbs and tactile surfacing.  It then continues along the wide footway of the spine road a short distance before crossing over, again via another crossing point with dropped kerbs and tactile surfacing.    From there, the proposed path parallels the course of Cargo Beck along a 2-metre wide, newly constructed, asphalt surfaced path through a newly landscaped, traffic-free, green space to meet the unaffected section of footpath at point C.   The proposed stopping up and diversion is necessary to enable development to be carried out.   As the development is to obstruct the legal alignment of the footpaths then the formal stopping up and diversion must be brought into effect before the development work is commenced.   The options considered are:-   a.        Not to make the Order, or b.        To make the Order as requested.   If the Order is not made then the existing public footpaths will be obstructed for the most part by the development.  In doing so the council will fall foul of its legal duty under section 130 of the Highways Act 1980 to “assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority”.   If the Order is made as requested, the footpaths will be diverted to a new route within the development to preserve historic highway links.   The Council has discretion as to whether or not to make an order, but such discretion must be exercised reasonably. Taking into account the options available to the Council, the option to not make the Order has been rejected and the recommendation to make the Order is proposed.

Date of Decision: October 17, 2025