Decision details

Highways Act 1980 - Sections 26 and 118
Wildlife and Countryside Act 1981 - Section 53A
Replacement (by Creation and Extinguishment) of Footpaths Rufford 9 and 18 at Brick Kiln Farm, West Lancashire Borough

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Replacement (by Creation and Extinguishment) of Footpaths Rufford 9 and 18 at Brick Kiln Farm, West Lancashire Borough

Decisions:

A report was presented on the proposed replacement of the routes of Footpaths Rufford 9 and 18, by Public Path Creation and Extinguishment Orders at Rufford, West Lancashire Borough.

 

It was reported that the county council had been in discussion with the owners of Brick Kiln Farm, regarding a proposal to move a narrow and difficult public footpath from the northeast side of Rufford Boundary Sluice, to an improved path on the southwest side, and to remove a public footpath passing through the farm yard, replacing it with one along a farm track which was a continuation of Sluice Lane.

 

The Committee noted that the fields to the southwest of the sluice were part of Brick Kiln Farm and that the owners had agreed that the footpath could be moved onto their land, improving the safety and enjoyment for users of the footpath.

 

As part of the improvement scheme, it was proposed to create a new route for Footpath Rufford 18 following a farm track continuing from Sluice Lane to link with Footpath Rufford 17, and to extinguish the current route of Footpath Rufford 18 that passed through the farmyard and the 'Fiddler's Lancashire Crisps' food production site.

 

The lengths of footpath to be created were shown by bold broken lines and marked F-E and C-D on the Committee plans attached to the agenda papers, and the lengths of footpaths to be extinguished were shown by bold continuous lines marked G-H and A-B.

 

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

 

Page 123: a) Description of new length of Footpath Rufford 9

 

Footpath as described below and shown by a bold broken line C-D on the attached map.

 

 

FROM

TO

COMPASS DIRECTION

LENGTH

(metres)

WIDTH (metres)

OTHER INFORMATION

C

D

NW

220

3 metres

with the exception of SD 4577 1522 to SD 4574 1525

that will be 2.5 metres and a 0.5 metre length at point D that will be 1 metre wide

 

Compacted stone with grass margins

Suitable surface

 

No limitations and conditions

Gate at Point D that conforms to British Standards 5709 2018

Page 124: c) Description of new length of Footpath Rufford 18

 

Footpath as described below and shown by a bold broken line F-E on the attached map.

 

 

FROM

TO

COMPASS DIRECTION

LENGTH

(metres)

WIDTH (metres)

OTHER INFORMATION

F

E

E then NE

830

3

Compacted stone

Suitable surface

 

No limitations and conditions

Page 124-125: Variation to the particulars of the path recorded on the Definitive Statement

 

a)  Rufford 9 be amended to read as follows:

 

Other Particulars:

 

No limitations. The only limitation between SD 4577 1522 and SD 4574 1525 is a gate that confirms to British Standards 5709 2018.

 

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.

 

Committee were informed that the proposed route would be wider and able to be maintained to a higher standard, making it substantially more convenient for walkers. In addition, the new route would be safer as walkers would not be squeezed between fences and hedges, and the edge of the sluice bank and the new path, being set back 1m from the edge of the sluice, would be less susceptible to erosion. The distance would virtually be the same, regardless of the walkers' overall route and the views of the sluice and across the fields would be almost the same.

 

It was therefore concluded that the creation of routes C-D and F-E would be of public benefit with improved convenience and enjoyment and, therefore, routes A-B and G-H would not be needed for public use.

 

Resolved:

 

(i)  That subject to no significantly adverse responses to the consultations, an Order be made under Section 26 of the Highways Act 1980 to create new lines of Footpaths Rufford 9 & 18 as shown by bold broken lines and marked F-E and C-D on the attached map; and

 

(ii)  that a concurrent Order be made under Section 118 of the Highways Act 1980 to extinguish the old lines of Footpaths Rufford 9 & 18 as shown by bold continuous lines and marked G-H and A-B on the attached map.

(iii)  That in the event of no objections being received, the Orders be confirmed and in the event of objections being received and not withdrawn, the Orders be sent to the Planning Inspectorate and that the Authority seek confirmation of the Orders and if necessary promote them at public inquiry.

 

(iv)  That provision be included in the Orders such that they are 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 creation and extinguishment.

 

 

 

 

 

Report author: Simon Moore

Date of decision: 02/12/2020

Decided at meeting: 02/12/2020 - Regulatory Committee

Accompanying Documents: