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 Hothersall 13, Ribble Valley Borough. The applicants were the prospective owners of Welch House Barn, Hothersall Lane, Longridge.

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 shown by a bold broken line and marked A-C-B.

The Committee noted that the recorded alignment of the footpath was along the driveway, through the residential and private garden areas of the property.

The Committee were informed that the new footpath would provide improved, open views of the countryside and an obvious, safe and convenient footpath away from the driveway, buildings and private garden area at Welch House Barn.

CC Parr queried why the issue of the footpath's route had not arisen when planning permission was being sought for the annex. It was reported that although the footpath should have been diverted prior to the construction of the annex, it was not uncommon for this not to happen.

CC Howarth expressed concern that Committee were being asked to take a decision on this application, without having sight of any consultation responses. In this case, a previous diversion application had been received but the informal consultation response had concluded that the diversion was too long so the route had been amended to what was now being recommended. It was therefore not expected that any adverse comments or objections would be received for the new proposed route. Although the informal consultation stage was recommended and not mandatory, this was undertaken in order to try and avoid any objections being received at the formal consultation stage and, subject to no objections being made at the informal stage, the recommendation to Committee was that an Order be made. However, Committee were advised that should any adverse comments or objections be received, then these would come back to Committee for consideration.

David Goode informed Committee that where applications were received that were in the interest of the landowner rather than being of benefit to the public, then the landowner would bear the costs for the works.

CC Salter appreciated that the new route had some significant advantages but expressed concern that some informal consultation responses were still awaited and asked that applications be brought to Committee once deadline dates had passed. It was reported that this request would be taken on board for future reports.

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 Hothersall 13, 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.