Highways Act 1980 - Section 25
Proposed Public Path Creation Agreement for a Public Footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, Preston
Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
Proposed dedication by agreement of a
publically maintainable public footpath adjacent to F2992 at 23
Elmsett Road, Walton-le-Dale, Preston, PR5 4JW.
A report was presented on the proposed dedication by agreement of a publically maintained public footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, Preston, PR5 4JW, marked on the Committee plan A-B-C-D-A attached to the agenda papers.
The Committee noted that the land immediately to the east of F2992 sloped steeply down into the River Darwen and that, prior to 2013, this slope carried over it a footpath ((7-2-FP95). In 2013, a landslip had occurred, resulting in a significant length of footpath 7-2-FP95 being lost down the river embankment, and the adopted footpath (F2992) becoming unstable. F2992 has since partially collapsed and is therefore unsafe for public use, and has been temporarily closed since that time.
Prior to the collapse of footpath 7-2-FP95, and the subsequent closure of F2992 on safety grounds, the route had been well used and formed an important link in the network of public rights of way. Following the closure of the footpath, regular requests for the footpath to be reinstated had been received from local residents.
The Committee were informed that various options to address the situation had been considered. An opportunity had arisen for the county council to enter into an agreement with the owners of the adjacent property (23 Elmsett Road) to create a public footpath on the eastern boundary of their land that appeared to be sustainably more stable. The new footpath would bypass the collapsed and unstable section of F2992, and would provide a suitable footpath link for many years to come.
The Chair invited County Councillor Yates to ask a question whether the proposal only affected the top section at the Holland House end of the path, or whether there would be works on the steep path where the historical '40 steps' are. Officers confirmed that this dedication only affects the 15 metre section which is collapsing.
It was reported that, on investigating the title of the owners of the adjacent property, it was found that restrictive covenants were in place relating to using the area of land required only as a garden and reserving a 'protected strip' for the benefit of a statutory undertaker. However, discussions had taken place and both parties agreed in principle for the release of those covenants on the land to be dedicated.
It was noted that the proposal was considered to be of benefit to the public in providing a safe and convenient footpath that would be a link from the Holland Slack housing development to the network of public rights of way at Holland Wood, Mosley Wood and the River Darwen.
(i) That the proposal for a Public Path Creation Agreement to dedicate a length of public footpath adjacent to F2992 at 23 Elmsett Road, Walton-le-Dale, be accepted, subject to the removal of the restrictive covenants which currently bind the landowner.
(ii) That, after removal of restrictive covenants affecting the land, a Public Path Creation Agreement be entered into under Section 25 of the Highways Act 1980 between the owners of 23 Elmsett Road, Walton-le-Dale and Lancashire County Council on the terms detailed in this report, to dedicate a length of public footpath as shaded pink on the map attached to the agenda papers and marked A-B-C-D-A.
Report author: Joanne Lawson
Date of decision: 18/09/2019
Decided at meeting: 18/09/2019 - Regulatory Committee