Decision details

A report was presented on an application for the diversion of part of Footpaths FP0921004 at Brinscall Hall Barns, Wheelton.

The recorded alignment of this section of the footpath was from the pasture to the south of Brinscall Hall Barns in a north-north-easterly direction, through the grounds of the residential property of 4 The Shippon, to the access track to the north of 4 The Shippon. It was proposed that the footpath be diverted slightly away from the boundary wall of Brinscall Hall Barns, to continue in a broadly northerly direction to a point in the pasture to the west of the grounds of 4 The Shippon, to continue parallel to the boundary of the property to cross the access track and then continue on the existing line to Harbour Lane near Harbour Farm.

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

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

The Officer answered questions from Committee.

After a discussion, it was Proposed and Seconded:

"That the Recommendations in the report be approved, subject to an additional Recommendation stating that the applicant be required to stone the route from C-D, and that the path be built up to a level around the tree at point C and before the Order is confirmed"

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpaths FP0921004 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 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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.

(iv)  that the applicant be required to stone the route from C-D, and that the path be built up to a level around the tree at point C and before the Order is confirmed.