Decision details

A report was presented on the proposed concurrent extinguishment and creation of part of Footpath FP0339018 at Old Sawley Grange, Gisburn Road, Sawley, Clitheroe, BB7 4LH, Ribble Valley Borough.

The length of existing footpath to be extinguished was shown on the Committee plan attached to the agendas papers as a bold continuous line marked A-B, and the footpath to be created was shown by a bold dashed line marked C-B.

Consultations with the statutory undertakers and Lancashire County Council Ecology Officer had been carried out and no objections or adverse comments on the proposal had been received.

It was reported that the proposed extinguishment was considered expedient on the grounds that this part of the footpath was not needed for public use. The current right of way, from a point at SD 7928 4680 within the footprint of the building of Old Sawley Grange, in an easterly direction, crossing a telecommunications mast access track, a boundary fence and into a pasture, to meet the access track at SD 7947 4679 would be made redundant by the concurrent creation under a Section 26 Order, on a more practical and convenient line. It was expedient in the interests of the owners of the land for reasons of a property sale that these rights be stopped up (as was the intention of a 2000 Diversion Order).

The creation of the footpath section was being sought because it appeared that there was a need for this public right of way, having regard to the extent to which it would add to the convenience or enjoyment of persons resident in the area, and having regard to the effect of the owners of the land, who needed the situation to be rectified.

Resolved:

(i)  That an Order(s) be made under Sections 26 and 118 of the Highways Act 1980 to extinguish part of Footpath FP0339018 shown by a bold continuous line and marked A-B on the attached map and to create a footpath shown by a bold broken line C-B.

(ii)  That in the event of no objections being received, the Order(s) be confirmed and in the event of objections being received and not withdrawn, the Order(s) be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority promote confirmation.

(iii)  That provision be included in the Order(s) 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 effect of the Order(s).