Decision details

A report was presented on an application for the diversion of part of Footpath FP0106009 at Monkswell, Bolton-le-Sands.

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.

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. Monkswell is a private, residential property. Currently, the public footpath ran along the access drive of Monkswell immediately adjacent to the dwelling.

The diversion would instead start from a point 35 metres further north-east on Bye-Pass Road, continuing north-west for 15 metres, then west-south-west for a further 10 metres over St Michael's River via a bridge to rejoin the original line of FP0106009. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe, convenient and generally as direct for public use.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0106009 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 attached 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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the Authority take a neutral stance with respect to its confirmation.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.