Decision details

A report was presented on an application for the proposed diversion of part of Scarisbrick Footpath 6, West Lancashire Borough.

The Committee noted that a request had been received from the owner of Hooton's Farm, 95 Jacksmere Lane, Scarisbrick, L40 9RT, for an Order to be made under Section 119 of the Highways Act 1980 to divert part of Scarisbrick Footpath 6.

The footpath proposed to be diverted ran along a driveway to Hooton's Farm and around the curtilage of the property.  The proposed diversion would move the footpath to the south of the small field and the garden, providing the applicant with improved privacy and security.

The Committee noted that the necessary consultation with the statutory undertakers had been carried out and no adverse comments on the proposal had been received apart from National Grid and Electricity North West.

National Grid had originally objected on the grounds that it had apparatus in the vicinity of the proposed diversion but it subsequently withdrew its objection on the grounds that its apparatus would be unaffected.

Electricity North West had commented that the proposals could have had an impact on its infrastructure as there was a high voltage overhead line which crossed the route of the proposed footpath between points E and F.  In addition, there was an underground electricity cable on the line of the path to be diverted from point A to B.

An email had been sent to Electricity North West on behalf of the County Council to clarify that no works were planned on the line of the proposed diversion, and to explain that the diversion would simply introduce a right for

pedestrians to walk beneath the overhead line.  Electricity North West had responded to say they had no objection in principle to the diversion going ahead, but advised that there was an underground cable within the footpath to be diverted.  The Committee were therefore advised that a clause be included in the proposed Order which would give Electricity North West the same rights in the existing footpath (Section A-B) after the Diversion Order had come into operation as it had before.

The Committee noted that there had been no other objections or adverse comments on the proposals.

Having considered all the information set out in the report and presented at the meeting, it was agreed that an Order should be made, taking advice in Annex 'C' into account that the Authority take a neutral stance in respect of the confirmation.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Scarisbrick Footpath 6, from the route shown by a bold continuous line and marked A-B-C-D to the route shown by a bold dashed line marked E-F-D on the plan.

(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 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.