Decision details

A report was presented on an application for an Order to be made under Section 118 of the Highways Act 1980, to extinguish part of Footpath Rawtenstall 205, Rossendale Borough that crossed three properties on a housing estate that was built in the mid 1950's. The length of existing path proposed to be extinguished was shown by a bold continuous line on the Committee plan and marked as A-B-C.

It was reported that the owners of the property had, at no time, ever been made aware that a public right of way recorded on the Definitive Map and Statement for Public Rights of Way crossed their property.

A local authority search, carried out in connection with the sale of the property, revealed that a public footpath was recorded passing through 25 Windsor Avenue and the properties to the rear, 104 and 106 Staghills Road. Rossendale Borough Council and Lancashire County Council do not have any record that a legal order has been made to divert, stop up or extinguish any part of the footpath.

The Committee noted that the proposed Order met the criteria for the extinguishment of a public right of way under Section 118 of the Highways Act 1980, in that it was expedient that the path should be stopped up on the grounds that it was not needed for public use.

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.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 118 of the Highways Act 1980 to extinguish part of Footpath Rawtenstall 205, on the route shown by a bold continuous line and marked A-B-C on the Committee 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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 extinguishment order.