Decision details

A report was presented on an application for the extinguishment of part of Footpath FP1405129 at Longacres Drive, Whitworth, Rossendale Borough.

The report had been circulated as a supplementary agenda as it had been received after the main agenda had been published. The reason for urgency was that it could not await the next scheduled meeting of the Committee on 27 March 2024 as any delay would potentially affect a house sale.

The recorded alignment of this section of Footpath FP1405129 was through an established residential development of circa 50 years standing. The current public right of way, running through the properties from no. 17 through to no. 33, was neither diverted nor extinguished at the time of the development. However, there was a footway built to the front of the properties and was part of the adopted highway Longacres Drive, so the right of way was not needed for public use.

The length of existing path to be extinguished was shown on the Committee plan attached to the agenda papers by a bold continuous line marked as A-B.

Consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received. Consultation with the neighbouring properties also affected by this right of way had also been carried out and no objections or adverse comments on the proposal had been received.

The officer answered questions from Committee.

Resolved:

(i)  That an Order be made under Section 118 of the Highways Act 1980 to extinguish part of Footpath FP1405129 shown by a bold continuous line and marked A-B on the attached map.

(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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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 FP1405129.