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Related information on application 001/RRegis/2009 following its determination | Public rights of way (PROW) in Sandwell | Sandwell Council

Public rights of way (PROW) in Sandwell

Related information on application 001/RRegis/2009 following its determination

Land at Dudley Road East, Tividale, Oldbury, West Midlands.
 
Disclaimer 
The following information is not provided in compliance with any requirement of Schedule 15 of the Wildlife and Countryside Act 1981. 
 
1 Location
Land at Dudley Road East Tividale Oldbury West Midlands.
 

2 A copy of the Approved report is available for download

3 Modification orders-Brief explanation 

Such orders are key features of the legal registration processes designed to alter the councils definitive map and statement of public rights of way specific to the affected area. These rights are highway rights with footpaths being the most commonly registered category of highway under the process. Some highways will not provide for the public use of motor vehicles.
 
The orders are made and then confirmed. On being made by the council an extensive and elaborate publicity and notification operation commences and a period for representations follow.If the order is unopposed in this period the council will confirm it with similar publicity and notification but with opposition at this late stage being restricted to points of law and use of the High court.
 
If the made order is opposed at the onset it is referred to the Secretary of State for a decision to confirm.Such referrals may require a public inquiry to be held.Confirmation will still require associated publicity and notification. 
 
4 Has the order been made?
Yes- It was made on 3rd Dec 2013 and entitled:
 
The Borough Council of Sandwell 
(Dudley Road East, Brades Hall, Tividale Rowley Regis,West Midlands) 
Definitive Map Modification Order 2013
 
5 Has the order been confirmed?

No.

6 A copy of the Order Plan provided with the made order is available for download.

7 A copy of the Public Notice on the making of the order is available for download.

8 Making representations to the council on the making of the order.
All representations concerning the made order must be signed, dated and include details of name and address. They must comply with the terms of the appropriate notice and be sent in writing not later than 12th Feb 2014 to The Area Director Street Scene Sandwell Council House Freeth St Oldbury West Midlands B69 3DE marked for the attention of Definitive Mapping 
 
9 Can evidence used to make the order be viewed during the period set for representations ?

Yes but it is not well publicised by the statutory process. However evidence can be viewed but by appoiment. Ring 0121 569 3978 for further details. 

 
10 Can a copy of the order be purchased.

Yes. It will cost £1 and is available at Cashier Services Sandwell MBC Oldbury Council House Reception, Freeth St Oldbury quoting the name of the order as made.

11 Has the order been opposed?

Yes.Of the original 3 objectors two are maintaining their opposition to the order.

12 Has the Secretary of State decided on the method of considering the opposed order? 

Yes. It will be considered by a public inquiry scheduled for 4 days commencing 25th October 2016 at 10.am.

13 Where will the inquiry be held?

West Bromwich Town Hall ,High St, West Bromwich West Midlands. A copy of the notice of public inquiry can be downloaded here.

14 Has the Council prepared a statement of case?

Yes.It can be examined by appointment at Sandwell Council House Freeth St Oldbury West Midlands  during normal office hours.

15 A summary of the Council’s statement of case provides a framework of the approach undertaken to seek confirmation of the order can be downloaded here.

It  includes a contents section  and a list of appendices. 

16 Following the Public Inquiry the decision of the Planning Inspector appointed by the Secretary of State for Environment, Food and Rural Affairs is not to confirm the order. A copy of the decision letter can be downloaded here.