Decision details

A report was presented on an application for the diversion of part of Footpath FP0303024 at Green Thorn Farm Aighton, Bailey and Chaigley Parish, Hurst Green.

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 A-C-D-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 diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. Green Thorn Farm is a private, residential property. Currently, the public footpath ran through the grounds of the farm close to its western boundary, then turned to continue close to the dwelling and outbuildings of the farm, before continuing in a northerly direction to re-enter the forest.

The diversion would instead move the footpath closer to the western boundary of Green Thorn Farm continuing on a line on the eastern side of, and broadly parallel to, the western boundary, before exiting the grounds of Green Thorn Farm onto a track continuing in a broadly north-easterly direction through the forest to a point at SD 6651 4076, 150m north of Green Thorn Farm boundary, to continue on footpath FP0303024. 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.

The officer answered questions from Committee.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0303024 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-D-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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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.