Decision details

A report was presented on an application for the addition of a public footpath from Manchester Road to Haworth Park, Baxenden, Accrington, in accordance with File No. 804-584.

The Committee noted that substantial user evidence had been submitted by the applicant which had been examined, along with map and documentary evidence.  It was reported that the route was clearly shown on the 1961 Ordnance Survey map, and its existence as a through route linking to the formal tarmac through the park was further supported by the google street view image captured in 2009.

The Committee noted that the footpath in question was approximately 5 metres long and provided access to Haworth Park and Art Gallery.  The Chair and David Goode had carried out a recent site visit. It was reported that the path was on the edge of a plot currently being developed for housing. 

Hyndburn Borough Council had been consulted and had confirmed they opposed the application for various reasons as shown in the Committee report, contained within the agenda papers.

Should the application be approved, a query was raised about whether the County Council could instruct the developers to maintain the footpath.  Officers confirmed that this was not a decision for the Committee today and that maintenance liability was governed by legislation and would be established subsequently.

Resolved: 

1.  That the application for a public footpath from Manchester Road to Haworth Park, Baxenden, Accrington, in accordance with File No. 804-584, be accepted.

2.  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath from Manchester Road to Haworth Park, Accrington on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B.

3.  That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation.