Decision details

A report was presented on an application for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Footpath Wheelton 19, Chorley Borough from the route shown by a bold continuous line and marked A-B, to the route shown by a bold broken line and marked A-C-D-E-F on the Committee plan attached to the agenda papers.

The Committee noted that Clovian House and Miry Fold Farm were residential dwellings that were part of a small development on the site that was granted planning permission in 2015. Whilst the development was ongoing, for safety reasons, the footpath was temporarily diverted to the edge of the site, onto the alignment of the proposed new route A-C-D-E-F.

The current owners had not been involved in the original planning application and had only recently become aware that the necessary order had not been made to permanently divert the footpath onto the alternative route that was available to be walked on the ground. Now that the current owners were aware of this, they wished to regularise the situation. If the diversion was successful, it would remove the footpath that ran through the building, boundary fence, hedge and boundary wall of one of the houses and also across the gardens.

It was reported that consultation with the statutory undertakers had been carried out and that no objections or adverse comments on the proposal had been received.

Committee were informed that since the report had been drafted, it was no longer proposed that a gate be erected at point D, where the footpath crossed the field boundaries of two separate paddocks. The reason for this was that the footpath would now be fenced off from the paddocks, ensuring the footpath would not be trampled by livestock. It was therefore no longer necessary to install a gate at point D, as the livestock would be separated from the footpath. The gate at point E would still be erected.

The following amendments were therefore reported to Committee:

Page 278: Points annotating the routes on the attached map

Page 279: The public footpath to be created by the proposed Order will be subject to the following limitations and conditions:

Page 280: The 'Other Particulars' column be amended to read:

"The only limitations on the section between SD 6083 2097 and SD 6091 2091 is the right of the owner of the soil to erect and maintain a gates that conforms to BS 5709:2018 at SD 6085 2097. and SD 6087 2095. The width between SD 6083 2097 and SD 6091 2091 is 2 metres."

Page 281: It is felt that, if the Order were to be confirmed, the new path or way will not be substantially less convenient to the public in consequence of the diversion because the new route is of similar length and gradient to the exiting footpath. It is proposed that there will be a two gates on the new footpath at the points where it crosses the field boundaries of two separate paddocks. The gates will conform to the British Standard for gates, gaps as stiles (BS 5709:2018) and as such will be easy to use.

Page 282: It is also advised that the needs of disabled people have been actively considered and as such, the proposal is compatible with the duty of the county council, as a Highway Authority, under The Equality Act 2010. The new route will be of adequate width, firm and well drained underfoot with no stiles. The two gates will conform to BS5709:2018.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Wheelton 19, from the route shown by a bold continuous line on the Committee plan and marked A-B, to the route shown by a bold broken line and marked A-C-D-E-F on the map.

(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 for the Environment, Food and Rural Affairs 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.