Decision details

Application under Section 257 Town and Country Planning Act 1990 to divert a Non-Definitive Footpath at Warth Fold, Bury

Decision Maker: Director of Operations

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


To accept the application and to instruct Legal Services to make the appropriate orders to secure the diversion of a non-definitive footpath at Warth Fold, Bury. The path (shown in the attached plan PRW/ND/WARTH/BURY/1) is located in an area to be used for the construction of flood defences. It is proposed that a bund will be created across the line of the path, making access along the route very difficult with a gradient that would create an obstruction to some potential users of the path. The diversion removes the need to traverse the gradient.
The land for the existing and proposed diverted paths is owned by St Modwen Development Ltd. and they have agreed with the Environment Agency that works can take place on their land and that the footpath can be diverted. Planning permission has been sought for the flood defences (Planning No.65171) and a diversion will be required to allow the development to take place, subject to planning permission being granted. The existing path (A-B on the plan) is unsurfaced and runs beside a high concrete fence, at the base of the Metrolink embankment and is 250m in length. The diversion (A-D-C-B) would maintain access to the area via a sloped and more accessible route which passes through an open landscaped area and is 330m in length. The bridge across the River Irwell carries the Metrolink and has a pedestrian walkway beneath that offers access to and from the existing and diversion routes. The diverted route will be added to the Authority’s Public Rights of Way Definitive Map and Statement.

Publication date: 19/06/2020

Date of decision: 19/06/2020

Accompanying Documents: