§ 23. Mr. C. Johnsonasked the Minister of Housing and Local Government and Minister for Welsh Affairs what arrangements exist for local planning authorities to have regard to existing rights of way when considering applications for consent to the development of land.
§ Mr. CorfieldConsideration of applications for planning permission is governed by Section 14 of the Town and Country Planning Act, 1947. That requires local planning authorities to have regard to the development plan and to any other material considerations, which I am advised would include an existing public right of way affected by the proposed development.
§ Mr. JohnsonIs the Parliamentary Secretary aware that many planning authorities consider applications for development without any regard whatever for the rights of way which may exist over the land, apparently taking the view that this is the responsibility of the highway authority? Is he aware that there have been a number of cases where development has proceeded under the terms of the planning consent before a right of way has been discovered, and attempts have then been made to stop up the right of way? Is not this most unsatisfactory?
§ Mr. CorfieldI am aware that those difficulties have arisen. It is the intention to bring the Answer which I have given to the hon. Gentleman to the attention of local authorities through a circular. The hon. Gentleman knows that planning permission to develop a field which has a footpath running through it does not give any right to divert the footpath as such.
§ Mr. JohnsonMay we know whether the circular will be issued fairly soon?
§ Mr. CorfieldI cannot give a date at the moment, but I will keep in touch with the hon. Gentleman.