Decision details

Highways Act 1980 - Section 119
Wildlife and Countryside Act 1981 - Section 53A
Proposed Diversion of Part of Wiswell Footpath 17, Ribble Valley Borough

Decision Maker: Regulatory Committee

Decision status: Recommendations approved

Is Key decision?: No

Decisions:

A report was presented on the proposed diversion of Wiswell Footpath 17, Ribble Valley Borough. 

 

The Committee noted that a request had been received  from Reilly Developments Ltd, Brockmill Barn, Wingates Road, Wigan WN1 2SJ, for an Order to be made under Section 119 of the Highways Act 1980 to divert part of Wiswell Footpath 17 in the vicinity of 112 Clitheroe Road, Barrow, Clitheroe, Lancashire BB7 9AQ.

 

It was reported that the proposed diversion was in connection with a small scale development of residential properties where the existing route crossed the garden of one of the properties.

 

Whilst it would be have been feasible for the footpath to remain in its existing location across the garden the proposal, if successful, would provide the owners of the property with improved privacy and security.

 

The Committee noted that the necessary consultation with the statutory undertakers had been carried out and that no adverse comments or objections to the proposal had been received.

 

The Committee considered the stance to be taken on confirmation.

 

Resolved:

 

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Wiswell Footpath 17, from the route shown by a bold continuous line and marked A-B to the route shown by a bold dashed line and marked A-C-B on the attached 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.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.

Report author: Saleha Khalid

Date of decision: 25/01/2017

Decided at meeting: 25/01/2017 - Regulatory Committee

Accompanying Documents: