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PDF 82 KBVenue: Committee Room 'B' - The Diamond Jubilee Room, County Hall, Preston. View directions
Contact: Garth Harbison Tel: (01772) 530596, Email: garth.harbison@lancashire.gov.uk
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County Councillors N Penney and D Westley replaced County Councillors C Henig and D Stansfield respectively. |
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Apologies. Minutes: No apologies were presented. |
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Disclosure of Pecuniary and Non-Pecuniary Interests. Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda. Minutes: None were disclosed. |
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Minutes of the meeting held on 1 July 2015 Minutes: Resolved: That the minutes of the meeting held on 1 July 2015 be confirmed and signed by the Chair.
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Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders to be made under the Highways Act 1980 is presented for the information of the Committee.
Additional documents:
Minutes: A report was presented in connection with Guidance for members of the Committee regarding the law on the continuous review of the Definitive Map and Statement of Public Rights of Way, certain Orders to be made under the Highways Act, 1980 and the actions available to the County Council on submission of Public Path Orders to the Secretary of State.
Resolved: That the Guidance, as set out in Annexes 'A', 'B' and 'C' of the report presented, be noted.
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Additional documents: Minutes: A report was presented on an application for the addition of a public footpath to the Definitive Map and Statement from Sawley Road, Grindleton to the Friends' Meeting House on the parish boundary, Grindleton, Ribble Valley, file reference 804-550.
Details of the claim and the evidence relating to it, together with a summary of the law in relation to the continuous review of the definitive map and statements of public rights of way (in the form of Annex A), were presented both as part of the report and by officers at the meeting.
Having examined all of the information presented, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence that an Order should be made and promoted to confirmation.
Resolved:
1. That the application for a public footpath from Sawley Road, Grindleton to the Friends' Meeting House on the parish boundary (file no. 804-550) be accepted.
2. That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath from Sawley Road, Grindleton to the junction of Public Footpaths 5 Sawley and 44 Grindleton by the Friends' Meeting House on the parish boundary to the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-B-C.
3. That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation. |
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Additional documents: Minutes: A report was presented on an application for the addition to the Definitive Map and Statement of a public footpath from Gisburn Road to the junction of Public Footpaths 38, 39 and 41 Blacko, Pendle Borough (File reference 804-559).
Details of the claim and the evidence relating to it, together with a summary of the law in relation to the continuous review of the definitive map and statements of public rights of way (in the form of Annex A), were presented both as part of the report and by officers at the meeting.
Having examined all of the information presented, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence that an Order should be made and promoted to confirmation.
Resolved:
1. That the application for a public footpath from Gisburn Road to the junction of Public Footpaths 38, 39 and 41 Blacko (reference 804-559) be accepted.
2. That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath from Gisburn Road to the junction of Public Footpaths 38, 39 and 41 Blacko, Pendle Borough to the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-B-C-D.
3. That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation. |
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Additional documents:
Minutes: A report was presented on a decision on an Appeal made under Section 53 and Schedule 14 of The Wildlife and Countryside Act 1981 against the refusal to make a Definitive Map Modification Order had been received from the Secretary of State for Environment, Food and Rural Affairs.
At their meeting on the 17th December 2014 the Regulatory Committee considered a report for Claim Nos 804-551 and 804-552 for the addition of two Public Footpaths.
1. From Laund Lane (Haslingden BOAT 134) to Haslingden 109, Rossendale Borough as shown between points A-H-B-C-G on attached committee plan 2. In a circuitous route, starting and ending at a point on Laund Lane (Haslingden BOAT 134), Rossendale Borough as shown between points C-D-E-F-H-A on the attached committee plan.
The Committee resolved that the claims were not accepted. Both applicants appealed against the refusal to the Secretary of State for Environment, Food and Rural Affairs. After receiving both appeals it was decided between the Secretary of State and the Order Making Authority that both the appeals would be dealt with together and by the same Inspector. The Secretary of State for Environment, Food and Rural Affairs had allowed the appeals and directed Lancashire County Council to make the Order.
Details of the Decision on Appeal were presented both as part of the report and by the officers at the meeting.
Having examined all of the information presented, the Committee agreed that an Order should be made as directed and the Order confirmed if there were no objections to it. However, if there were objections the Authority were to take a neutral stance.
Resolved:
1. That the Report be noted.
2. That, in the light of the Secretary of State for Environment, Food and Rural Affairs' decision to uphold the Appeal lodged in respect of Claim Nos 804-551 and 804-552, an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of The Wildlife and Countryside Act 1981 to add to the Definitive Map and Staement of Public Rights of Way by adding a public footpath: (a) from Laund Lane (Haslingden BOAT 134) to Haslingden Footpath 109, Rossendale Borough as shown between points A-H-B-C-G on the attached plan (b) in a circuitous route, starting and ending at a point on Laund Lane (Haslingden BOAT 134), Rossendale Borough as shown between points C-D-E-F-H-A on the attached plan.
3. That should no objections be received the Order be confirmed, but if objections are received the County Council as Order Making Authority submit the Order to the Secretary of State for formal determination, but the County Council shall notify the Secretary of State that it does not actively support the Order and to adopt a 'neutral stance' as regards confirmation of the Order.
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Date of Next Meeting The next scheduled meeting will be held at 10.30am on Wednesday 21st October in Cabinet Room 'B' - the Diamond Jubilee Room at County Hall, Preston. Minutes: It was noted that the next meeting of the Committee will be held at 10:30am on the Wednesday 21st October 2015 in Cabinet Room 'B' – The Diamond Jubilee Room at County Hall, Preston.
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