Highways Act 1980 - Section 119
Wildlife and Countryside Act 1981 - Section 53A
Proposed Diversion of Part of Footpath Over Kellet 1 at Former Chicken Sheds, Cockle Hill, Kirkby Lonsdale Road, Over Kellet
Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
File reference 211-708
A report was presented on an application from the owner of land known as the Former Chicken Sheds, Kirkby Lonsdale Road, Over Kellet, Carnforth to divert part of Footpath Over Kellet 1, in connection with their proposal to build residential properties on the land.
A revised Committee plan was circulated at the meeting which showed the current route marked by a bold continuous line, A-B-C and the diversion marked by a bold broken line, A-D-B-E-C. The Committee noted that the applicants had agreed the amended Committee plan.
It was reported that the applicants owned the land crossed by the existing route, and also part of the alternative route. Part of the alternative route A-D was in the ownership of a neighbouring landowner, who was also in agreement with the proposed diversion.
The Committee noted that the legal line of the public footpath currently ran through land that would be a paddock adjacent to the property and the diversion, if successful, would enable the landowner to secure the paddock, increasing the privacy and security for the residents, whilst providing a route that was safe and convenient for public use. The diversion would also divert that part of the footpath that was recorded as running adjacent to the driveway of the properties (A-B) and would place it on a path that was segregated from the vehicular access (A-D).
It was reported that the effect of the Order was compatible with the material provisions of the county council's Rights of Way Improvement Plan.
The Committee noted that consultation with the statutory undertakers had been carried out and that no objections or adverse comments on the proposal had been received.
(i) That subject to no unsatisfactory responses to the consultations, an Order be made under Section 119 of the Highways Act 1980, to divert part of Footpath Over Kellet 1, from the route shown by a bold continuous line and marked A-B-C, to the route shown by a bold broken line and marked A-D-B-E-C on the revised Committee plan circulated at the meeting.
(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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.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.
Report author: Joanne Lawson
Date of decision: 26/06/2019
Decided at meeting: 26/06/2019 - Regulatory Committee