Decision details

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

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

File Reference 211-697

Decisions:

A report was presented on an application for the proposed diversion of part of Footpath Hapton 17, Burnley Borough, 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 on the Committee plan attached to the agenda papers.

 

It was reported that Watson Laithe Farm was a small holding which included a residential dwelling, stables and agricultural buildings. The Committee noted that the footpath currently ran through the property and the diversion, if successful, would move the footpath onto a track that was located outside the curtilage of the residential and working areas of the farm, thereby increasing the privacy and security for the residents, whilst providing a route that was safe and convenient for public use.

 

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

 

The Committee were advised that the effect of the Order was compatible with the material provisions of the county council's 'Rights of Way Improvement Plan'.

 

Resolved:

 

(i)  That subject to satisfactory responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Hapton 17, 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 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the county council take a neutral stance with respect to its confirmation.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.

Divisions Affected: Padiham and Burnley West;

Contact: Claire Blundell Email: claire.blundell@lancashire.gov.uk.

Report author: Claire Blundell

Date of decision: 13/03/2019

Decided at meeting: 13/03/2019 - Regulatory Committee

Accompanying Documents: