Decision details

Highways Act 1980 - Section 119
Wildlife and Countryside Act 1981 - Section 53A
Proposed Diversion of Part of Footpath FP0132027 at Lower Stockbridge, Tatham

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Proposed Diversion of Part of Footpath FP0132027 at Lower Stockbridge, Tatham

Decisions:

A report was presented on an application for the diversion of part of Footpath FP0132027 at Lower Stockbridge, Tatham.

 

The recorded alignment of this section of the footpath was from the boundary between two pastures to the east of Lower Stockbridge, in a westerly direction, to the southern boundary of the private grounds of Lower Stockbridge, then in a broadly north-westerly, then northerly direction through the private grounds of the residential property of Lower Stockbridge, onto the access track to Lower Stockbridge. It was proposed that the footpath be diverted from the boundary wall of the two pastures, to continue in a broadly west north-westerly direction to a point in the pasture 20 metres to the east of the access track to Lower Stockbridge, to continue in a west south-westerly direction, through a field gate to meet the access track and then continue on the existing line.

 

The length of existing path to be diverted was shown by a bold continuous line on the Committee plan attached to the agenda papers marked A-B and the proposed alternative route was shown by a bold broken line marked A-C-B.

 

The consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

 

Resolved:

 

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0132027 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-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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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 diversion.

 

 

Divisions Affected: Lancaster Rural East;

Contact: Simon Moore Email: simon.moore@lancashire.gov.uk.

Report author: Simon Moore

Date of decision: 15/11/2023

Decided at meeting: 15/11/2023 - Regulatory Committee

Accompanying Documents: