Decision details

A report was presented on a decision on an Appeal made under Section 53 and Schedule 14 of The Wildlife and Countryside Act 1981 against the refusal to make a Definitive Map Modification Order had been received from the Secretary of State for Environment, Food and Rural Affairs.

At their meeting on the 17^th December 2014 the Regulatory Committee considered a report for Claim Nos 804-551 and 804-552 for the addition of two Public Footpaths.

1.  From Laund Lane (Haslingden BOAT 134) to Haslingden 109, Rossendale Borough as shown between points A-H-B-C-G on attached committee plan

2.  In a circuitous route, starting and ending at a point on Laund Lane (Haslingden BOAT 134), Rossendale Borough as shown between points C-D-E-F-H-A on the attached committee plan.

The Committee resolved that the claims were not accepted. Both applicants appealed against the refusal to the Secretary of State for Environment, Food and Rural Affairs. After receiving both appeals it was decided between the Secretary of State and the Order Making Authority that both the appeals would be dealt with together and by the same Inspector. The Secretary of State for Environment, Food and Rural Affairs had allowed the appeals and directed Lancashire County Council to make the Order.

Details of the Decision on Appeal were presented both as part of the report and by the officers at the meeting.

Having examined all of the information presented, the Committee agreed that an Order should be made as directed and the Order confirmed if there were no objections to it. However, if there were objections the Authority were to take a neutral stance.

Resolved:

1.  That the Report be noted.

2.  That, in the light of the Secretary of State for Environment, Food and Rural Affairs' decision to uphold the Appeal lodged in respect of Claim Nos 804-551 and 804-552, an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of The Wildlife and Countryside Act 1981 to add to the Definitive Map and Staement of Public Rights of Way by adding a public footpath:

(a)  from Laund Lane (Haslingden BOAT 134) to Haslingden Footpath 109, Rossendale Borough as shown between points A-H-B-C-G on the attached plan

(b)  in a circuitous route, starting and ending at a point on Laund Lane (Haslingden BOAT 134), Rossendale Borough as shown between points C-D-E-F-H-A on the attached plan.

3.  That should no objections be received the Order be confirmed, but if objections are received the County Council as Order Making Authority submit the Order to the Secretary of State for formal determination, but the County Council shall notify the Secretary of State that it does not actively support the Order and to adopt a 'neutral stance' as regards confirmation of the Order.