CRT are making this very complicated.
As previously mentioned only a very small amount of the over tunnel "towpath" is a public right of way This is to the other side of the main road, away from the building site. Therefore a TTRO is not relevant. This is, essentially, a land dispute between CRT and Orbit. The Council could be involved if Orbit are not sticking to the "agreed details and timetable"
According to the planning file of Daventry Council, Orbit Homes have had extensive consultations with CRT and the planning permission includes:
Condition
Prior to the commencement of development, a detailed scheme of investigation in relation to the Braunston Canal Tunnel shall be submitted to and approved in writing by the local planning authority. This scheme shall identify the precise extent of building exclusion zones associated with the Braunston Canal Tunnel, establish the location of any construction shafts and identify any measures necessary to protect the shafts and tunnel both during construction and after implementation to minimise the risk of land instability. The scheme shall also include a proposed timetable for the implementation of the works therein, and the scheme shall thereafter be implemented in accordance with the agreed timetable.
Reason
To ensure the safety of the canal tunnel and minimise the risk of land instability.
Condition
Prior to the commencement of development, precise details of the route, width, construction, and surfacing of the improved boat-horse road / overland towpath, together with the position, structural design and broad informational content of the interpretation boards, and a timetable for the delivery of both the path improvements and the interpretation boards, shall be submitted to and approved in writing by the local planning authority. The works shall be implemented in accordance with the agreed details and timetable.