Village Web Site Forum

Paul Wilkinson
Friday, October 29, 2010 12:55
proposed building on garages at Greenroyd Drive
I've been asked to pass on the following by Mary Abbot via Jeanine Blamires regarding planning application 66/2010/11077...

Two storey Apartments on Greenroyd Drive

Just to make you aware that the current access to 'Gaten Lane' from Greenroyd Drive is under threat.

A two storey apartment is to be built in place of the old garage site and although this will be a welcome site to what we see now, it will also mean end of access to Gaten Lane. The current plans have taken away the access rights. This access has been available for 40 years and many locals use this route to take children to school or the park, not to mention getting to the village or bus stops. In the other direction the lane takes you to the Clough and the Bay Horse pub.

If you would like to oppose this build until access is included then please go online at:

or contact the planning office at:

CDC Planning and Building Control Services
Granville Street
BD23 1PS
01756 706452 (Mr Roger France)
quoting ref 66/2010/11077

Also, any person who uses or has used this access for 12 years or more should contact Sutton Parish Council by letter as soon as possible. Also anybody who uses this access to take their children to school or the park or walk the dog or access other parts of the village especially disabled users.

Stephen Spencer Place
Friday, October 29, 2010 18:15
In response to Paul,s posting.This application is now out for public consultation andI have today spoken with the Planning Officer dealing with this application and he has told me that his recommendation will be to refuse on legitimate Planning Policy Grounds which include size and scale, design and loss of amenity to nearby residents(loss of light and privacy) and overbearing. However, do not let this inhibit your resposes to the consultation whether for or against the application.BUT! A reason for refusal could not include the footpath.Whilst very well used by large numbers of people in Sutton, access/egress across the old garage site,previously owned by CDC but now privately owned(Public Auction some 16 months ago) was never registered with County Council and therefore does not(as far as I can determine) appear on the "Difinitive Map". As such, it appears NOT TO BE an Officially recognised footpath. The Village(ie Parish Council) would have to request that it be included on the difinitive map as a recognised right of way. To assist in this eneavour, as many letters from residents as possible would be required to include with such a request identifying the writers name, address, how often the footpath is used and over how many years(preferably over 12 years) and for what purpose ie: journey to school,health centre,shops and other village facilities, boozers,park and Clough, church, ad mentioning that that Gatering and wettings lane is an officially recognised and maintained "Safer Route to School)If you decide to write such a letter, I am sure the Parish Council would accept them from you, Or they can be left with myself for forwarding, or sent to Roger France, Planning Officer, Craven District Council who has assured me that he will forward them on to North Yorks Cty Cl Highways,By-ways and Footpaths.It should be noted that an aplicant has the right to resubmit the same or a changed application after a refusal of planning permission so concerns relating to the footpath need to be addressed now.
Paul Wilkinson
Monday, November 1, 2010 12:08
This info might be of use...

Highways Act 1980 (c.66)

31. (1) Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.
Stephen Spencer Place
Friday, December 10, 2010 08:45
Latest. Officer decision to refuse the application. Planning notice to be published 16th December.To the residents who responded to the consultation...well done.Stephen Place.

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