Freedom of information request response - 06056

FOI request

FOI ID number
Public Path Stopping Up Order (No. 1) 2015

Public Path Stopping Up Order (No. 1) 2015, Cross Croft, Appleby (footpath 303028) - Public Inquiry 18 June 2019. On 13 March 2019 I received notification from The Planning Inspectorate that EDC intends to rely on the statement of grounds to the Sec. of State that was submitted with the original order submission and dated 26 February 2016. On the 15th November 2018 Eden DC approved a revised planning application from the developer (application no. 18/0531), with a revised set of conditions which removed condition 13 in the planning consent no 15/1097 and consequently removed the requirement to close the footpath level crossing. The reasons for the Council recently lifting the very condition which prompted the original order will be fundamental to the inspector's consideration of the Council's request to the inspector to confirm the order. Indeed the recent planning condition variation would appear to be in contradiction of the Council's request to the Secretary of State / inspector. That the Council's Statement of Reasons paper still seeks to have the order confirmed (page 15 of the Council's Statement of Reasons) whilst having recently passed a resolution that the planning condition which originally prompted the order no longer applies is surely an anomaly which the inspector will require some guidance on. Therefore, please will EDC provide me with papers which justify the Council continuing to rely on the 28 February 2016 SoC in spite of the Council having taken more recent decisions which relate to this order and to the 18 June public inquiry.

Our response


The Council has determined its stance in relation to the forthcoming inquiry for the Stopping Up Order. The statement of reasons set out the Council’s position.

The Council determined the planning application 18/0531 on its merits as it saw them at the time of the determination. The decision on the application has been quashed and the application requires to be re-determined.

The Council will be represented at the Inquiry and will seek to give whatever assistance the Inspector may require.

There is no recorded information of the nature you request.

Response date
30 May 2019