Decision details

A report was presented on the proposed diversion of part of Barnacre-with-Bonds Footpath 43, Wyre Borough.

The Committee noted that a request had been received from the owners of Birks Farm and Briggs Ghyll, Long Acre, Barnacre-with-Bonds, for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Barnacre-with-Bonds Footpath 43 in the vicinity of these properties.

The applicants' residential properties were located immediately to the west of the existing public footpath and the footpath ran along the driveway and crossed the parking area of one of the properties.  The buildings located alongside the proposed alternative route were former agricultural buildings that were no longer in commercial use.  The proposal, if successful, would provide the owners of the properties at Birks Fran and Briggs Ghyll with improved privacy and security.

It was reported that consultation with the statutory undertakers had been carried out and that no adverse comments or objections to the proposal had been received.  In addition, Wyre Borough Council, Barnacre-with-Bonds Parish Council, The Peak and Northern Footpaths Society and the Wyre Ramblers had been consulted and had raised no objections.

The Committee noted that the owners had agreed to bear all advertising and administrative costs incurred by the County Council in the Order making procedures, and also to defray and compensation payable and any costs incurred in bringing the new site of the footpath into a fit condition for public use.

Resolved: 

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Barnacre-with-Bonds Footpath 43, from the route shown by a bold continuous line and marked A-B to the route shown by a bold dashed line and marked A-C-B on the attached plan.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.