Decision details

A report was presented on the proposed diversion of part of Heath Charnock Footpath 44, Chorley Borough.

The Committee noted that an application had been received from Network Rail to divert part of Heath Charnock Footpath 44, in connection with its proposal to replace Heath Charnock Level Crossing with a stepped footbridge.

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

It was reported that consultation with the statutory undertakers had been carried out and that no objections or adverse comments on the proposal had been received.  In addition, the Committee noted that Chorley Borough Council, Heath Charnock Parish Council and the Peak and Northern Footpaths Society had raised no objections to the proposal.  Although Chorley Ramblers did not oppose the proposal, they had asked for reassurance that access to the flight of steps on each side of the railway would be safe, flat and dry.

The Committee considered the stance to be taken regarding confirmation.

Resolved: 

(i)  That an Order be made under Section 119A of the Highways Act 1980 to divert part of Heath Charnock Footpath 44, from the route shown by a bold continuous line and marked A-D on the attached plan, to the route shown by a bold dashed line and marked A-B-C-D.

(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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.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.