Decision details

A report was presented on an application for an Order to be made under Section 119 of the Highways Act 1980, to divert part of Footpath Bacup 486, Rossendale 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 C-D-B, as shown on the Committee plan attached to the agenda papers.

It was reported that the small residential site comprised of a new estate road and 26 residential dwellings. The footpath ran along the south eastern side of the site, from Rockcliffe Road (U7885), then as the land slopes down, the footpath cut across an area of rough ground, continuing down a flight of old stone steps, then passing under a disused railway bridge and then alongside a stream to join New Line (A6066).

The Committee noted that the diversion, if successful, would remove the footpath from the rough ground, at the perimeter of the development site, and away from the steepest part of the slope that had been formed as part of the development. In addition, it was noted that users would find the new length of footpath more enjoyable than the existing footpath which currently ran over rough grassland that was, in places, wet and muddy, and that, in contrast, the new footpath would have a properly constructed firm surface that was safe and convenient for use in all weather conditions.

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

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

The Chair wished to place on record his thanks to officers for all their hard work on this diversion. County Councillor Steen thanked the Chair for promoting the opening of the footpath and the officers for their work on it.

Resolved:

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Bacup 486, from the route shown by a bold continuous line and marked A-B to the route shown by a bold broken line and marked C-D-B, on the Committee 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Planning Inspectorate and that the Authority take a neutral stance with respect to its confirmation.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.