Decision details

Highways Act 1980 Section 119.
Proposed diversion of part of Lydiate Footpath 4, West Lancashire Borough.
File Ref: 211-681

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Decisions:

A report was presented on the proposed diversion of part of Lydiate Footpath 4, West Lancashire Borough.

 

An application had been received from the owners of the land to the east of Green's Lane near to the Leeds and Liverpool Canal Rimmer's Bridge, Lydiate, for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Lydiate Footpath 4.

 

The Committee noted that the path or way would not be substantially less convenient to the public in consequence of the diversion, as the alternative route was of similar length and gradient to the existing footpath.  It was suggested that the alternative route would be more convenient, as it would provide a field edge path, rather than the current situation where the footpath crossed the worked, arable land.

 

The Committee noted that consultation with statutory undertakers had been carried out and that no adverse comments or objections to the proposal had been received.

 

The proposed diversion was considered to be expedient in the interests of the landowners, assisting with farming operations, enabling the owners to retain the current layout of the fields and to efficiently manage the land.  It was suggested that the diversion would be beneficial to the needs of the agriculture as the proposed alternative route would be a field edge footpath, rather than a cross field path, and would enable the applicants to manager their land more efficiently.

 

Resolved: 

 

(i)  That subject to satisfactory responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Lydiate Footpath 4, from the route shown by a bold continuous line and marked AB-C-D-E-F, to the route shown by a bold broken line and marked A-C-G 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.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.

Contact: Jane Turner Email: jane.turner@lancashire.gov.uk Tel: 01772 532813.

Report author: Jane Turner

Date of decision: 15/11/2017

Decided at meeting: 15/11/2017 - Regulatory Committee

Accompanying Documents: