Core Path and Right of Way Stopping Up and Diversion Orders
Core paths and public rights of way are important and safeguarded by legislation
Developers are required to respect their purpose and look to incorporate them within their design and landscaping. This can result in new routes, sections of longer routes being diverted, or stopping up an entire path being proposed.
Section 208 of the Town and Country Planning (Scotland Act 1997) provides for the stopping up and diversion of core paths and rights of way where necessary to enable the development to be carried out in accordance with planning permission. Perth and Kinross Council has agreed to promote the orders set out below. The process allows a period of 28 days for any objections or representations to be made to proposed stopping up and diversion orders.
Any objection made and not withdrawn will be forwarded to Scottish Ministers for decision through local inquiry. Any objection must be made in writing with full contact details including name and address and must clearly state the order the objection relates to and reason for objecting. It must be sent to the Head of Legal & Governance Services, Perth and Kinross Council, 2 High Street, Perth, PH1 5PH within 28 days of being published.
Current Stopping up and Diversion orders
Core Path BLAI/29 and Right of Way 17/29
- Date of Publication: 26/03/2021
- Consultation closes: 22/4/2021
A section of core path BLAI/29 and right of way 17/29, which is also part of the Ardblair Trail, west of Perth Road, Blairgowrie is proposed to be stopped up and diverted for the first phase of a retail and residential development, planning reference 20/01696/FLL.
The BLAI29/RoW17 Order Plan [469Kb] shows the path section to be stopped up and diverted. The plan shows the diversion around the SuDs basin (Sustainable Urban Drainage System) and crosses land to be developed in a future phase to connect with the Perth Road footway and core path BLAI/145. The path section to be stopped up is 144m in length, the diversion adds 30m to the length of the path section. The path will be 3m wide with a sealed surface and will be lit.
The Council is content that the proposed stopping up and diversion results in as minor a diversion as possible and will not unduly inconvenience access takers using the core path, right of way and Ardblair Trail. It has adequate landscaping and path design, which is well integrated within the development and will be suitable for multi-use.
The applicant has also provided a plan for a temporary diversion of the path during construction which is acceptable to the Council. The BLAI29/RoW17 Temporary Plan [252Kb], incorporating the order plan is set out below along with the developers request and other, additional plans for information.
Cross Tay Link Road (CTLR)
- Date of Publication: 09/04/2021
- Consultation closes: 05/05/2021
Six core path stopping up and diversions orders (two of which are also rights of way) are required to allow the construction of the Cross Tay Link Road which includes a bridge over the River Tay and railway and realignment of a section of the A9. Please see planning permission 19/01837/FLM for details including layout plans and landscape scheme drawings. The Justification Statement [26Kb] provides the context for the stopping up and diversion orders.
The six core path diversions order and plans show the path sections to be stopped up and diverted.
- Notice S208 LUNC2 RoW362 (No1) [21Kb]
- Order S208 LUNC2 RoW362 (No1) [310Kb]
- Notice S208 LUNC102 (No2) [21Kb]
- Order S208 LUNC102 (No2) [303Kb]
- Notice S208 LUNC121 RoW (No3) [21Kb]
- Order S208 LUNC121 RoW (No3) [296Kb]
- Notice S208 LUNC124 (No4) [22Kb]
- Order S208 LUNC124 (No4) [303Kb]
- Notice S208 SCON123 (No5) [21Kb]
- Order S208 SCON123 (No5) [297Kb]
- Notice S208 SCON140 (No6) [21Kb]
- Order S208 SCON140 (No6) [309Kb]
The Council has assessed the proposals in relation to public access and is satisfied that all core path /right of way stopping up and diversions are justified and provide adequately for public access.