Decision details

Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Diversion of Footpath at Little Bluestone Cottage, Mawdesley

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Diversion of Footpath at Little Bluestone Cottage, Mawdesley

Decisions:

A report was presented on an application for the diversion of part of Footpath FP0919055 at Little Bluestone Cottage, Mawdesley.

 

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

 

Consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

 

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. Little Bluestone Cottage was a private, residential property. Currently the public footpath ran along the access drive of, and immediately adjacent to, the dwelling of Little Bluestone Cottage.

 

The diversion would move to the north of the boundary fence of Little Bluestone Cottage, going through the pasture on a line parallel to the current route, then turn slightly to the south before turning east to continue on footpath FP0919055. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe, convenient and as direct for public use.

 

After a discussion it was:

 

Resolved:

 

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0919055 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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.

Divisions Affected: Chorley Rural West;

Contact: Simon Moore Email: simon.moore@lancashire.gov.uk.

Report author: Simon Moore

Date of decision: 27/03/2024

Decided at meeting: 27/03/2024 - Regulatory Committee

Accompanying Documents: