Highways Act 1980 - Section 119
Wildlife and Countryside Act 1981 - Section 53A
Proposed Diversion of Part of Dinckley Footpath 12, Ribble Valley Borough
Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
A report was presented on the proposed diversion of part of Dinckley Footpath 12, from the route shown as A-B on the Committee plan attached to the agenda papers, to the route shown as A-C-D.
It was reported that a request had been received from the owners of Wardfall, Ribchester Road, Dinckley, Blackburn, BB6 8AH, for an Order to be made under Section 119 of the Highways Act 1980 to divert part of Dinckley Footpath 12, Ribble Valley Borough.
The Committee noted that Wardfall was a residential dwelling that included former agricultural buildings that had now been converted for domestic use. The footpath ran from Ribchester Road, up the driveway of the property and out through a gate that led to a pasture field currently grazed by sheep.
It was reported that the buildings and gardens at Wardfall were located at either side of the footpath and the diversion, if successful, would move the footpath to the eastern boundary of the property, thereby increasing the privacy and security for the residents, whilst providing a route that was safe and convenient for public use.
No objections or adverse comments on the proposal had been received.
(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 Dinckley Footpath 12, 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 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.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.
Date of decision: 14/11/2018
Decided at meeting: 14/11/2018 - Regulatory Committee