12.07.2015 Views

Public Rights of Way Report - Chiltern Evergreen3

Public Rights of Way Report - Chiltern Evergreen3

Public Rights of Way Report - Chiltern Evergreen3

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

PURPOSE AND SCOPE OF THE REPORT1.6 The effect <strong>of</strong> a development on a public right <strong>of</strong> way is a materialconsideration in the determination <strong>of</strong> applications for planning and otherpermissions. The Scheme will result in the need to close and divert a number<strong>of</strong> rail level crossings, footpaths and bridleways. The powers to make changesto public rights <strong>of</strong> way are included in the Transport and Works Act (TWA)Order application. This report sets out in detail the proposed changes to thepublic rights <strong>of</strong> way network as a result <strong>of</strong> the Scheme.1.7 The purpose <strong>of</strong> this report is to assess the impacts <strong>of</strong> the changes to the publicrights <strong>of</strong> way network on users and landowners. There are a number <strong>of</strong> legaltests against which these changes are considered.STRUCTURE OF THE REPORT1.8 The report considers in:• Section 2 the policy context and legislative framework which sets out thelegal tests in respect <strong>of</strong> rail crossing extinguishments and diversions,notably Section 119A <strong>of</strong> the Highways Act 1980 and the Defra <strong>Rights</strong> <strong>of</strong><strong>Way</strong> Circular 1/09;• Section 3 the planning policy framework as it relates to public rights <strong>of</strong>way;• Section 4 the case for modifications to the public rights <strong>of</strong> way, includingthe safety case, consideration <strong>of</strong> alternatives and the role <strong>of</strong> publicconsultation in the design process;• Section 5 a description <strong>of</strong> the public rights <strong>of</strong> way affected;• Section 6 a description <strong>of</strong> the proposed modifications to the public rights<strong>of</strong> way;• Section 7 an assessment <strong>of</strong> the impacts <strong>of</strong> the proposed changes to thepublic rights <strong>of</strong> way and the extent to which the alternative public rights<strong>of</strong> way will be ‘reasonably convenient’, drawing out an overall summaryand conclusions.ENVIRONMENTAL RESOURCES MANAGEMENT2CHILTERN RAILWAYS

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!