Decision details

A report was presented on an application for the extinguishment of part of Footpath FP1404038 at Middlegate Green, Loveclough, Rawtenstall, Rossendale Borough.

A revised Committee plan and larger scale plan had been circulated to members (copies attached).

The length of existing path to be extinguished was shown on the Committee plan attached to the agenda papers as a bold continuous line and marked as A-B.

Consultations with the statutory undertakers and the 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 of footpath FP1404038 was considered expedient on the grounds that this part of the footpath was not needed for public use. No.11 Middlegate Green is a private, residential property fronted by a footway that provided a route that was safe and convenient for public use, although longer in length, making the residual short length of footpath redundant. It was expedient in the interests of the owners of the land for reasons of privacy and security that this duplicate 30m of pedestrian rights be stopped up.

The officer answered questions from Committee.

After a discussion, it was:

Resolved:

(i)  That an Order be made under Section 118 of the Highways Act 1980 to extinguish part of Footpath FP1404038 shown by a bold continuous line and marked A-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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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 effect of the Order.