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 Briercliffe 163 at Musty Haulgh Barn, Granville Street, Burnley.

The length of existing path to be diverted was shown by a bold continuous line and marked on the Committee plan attached to the Agenda papers as A-B, and the proposed new route was shown by a bold broken line and marked A-C-B.

The Committee noted that the recorded alignment of the footpath crossed a private garden, courtyard, a paddock and that part of the footpath was obstructed by a barn that had been erected before the current owners purchased the property. A footpath around the barn had been provided as a temporary measure, to ensure public access through the site, albeit not on the legal alignment.

Committee were informed that, since the report had been written, the following amendment needed to be made:

Page 291 Description of new footpath

Footpath as described below and shown by a bold broken line A-C-B on the attached map. (All lengths and compass points given are approximate).

* With the exception of a length of 1m located 10m to the west of Point A, where the width will be limited to 1.6m.

Variation to the particulars of the path recorded on the Definitive Statement

'The 'Other Particulars' be amended to read:

"There are no limitations between SD 8650 3442 and SD 8635 3425 and the width between those points will be 3 metres 'with the exception of a length of 1m located 10m to the west of Point A, where the width will be limited to 1.6m'.

It was proposed that the new route created by the diversion order A-C-B would have the status of public footpath in the first instance, then subsequently, it was proposed that Lancashire County Council be asked to consider entering into agreements with the applicants and owners of adjacent land crossed by some of the connecting footpaths, to dedicate a bridleway that would link to the highway network.

Committee noted that, although the diversion would create a longer route, it would be easier to negotiate than the current route and the public would feel more comfortable in not having to pass through the residential and working areas of the farm. 

CC Salter appreciated that there was a need for the route to be diverted, but expressed concern that the new route would require some loss of trees and that the current footpath was a much more scenic route than the proposed route which was near to industrial buildings. Subject to whether any other Committee Members shared these concerns, CC Salter stated that he would be minded to ask officers to look at the diversion again and defer the report to a later Committee.

It was reported that since the report had been written, Burnley Borough Council had confirmed they had no objection to the proposal. Briercliffe Parish Council, Burnley Bridleways, the Ramblers Association and the County Councillor for the Burnley Rural electoral division had confirmed they supported the diversion. The letters of support were read out to Committee.

CC Cheetham was pleased to see the collective positive responses from organisations to the consultation, and stated that many horseriders and cyclists had said they would like to see more routes that were easier to use.

CC Oakes commented that it was helpful to have the consultation responses and moved the Recommendation which was subsequently seconded.

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 Briercliffe 163, 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-B 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 for the Environment, Food and Rural Affairs 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.