Decision details

A report was presented on an application for the diversion of part of Footpath FP0919005 at The Old Rectory, 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 as a bold broken line and marked C-D-E-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. The Lancashire County Council Ecology Officer had given some specific advice for the applicant to follow in relation to protected species and the bird nesting season, should the Order be made and before construction. Details of these were set out in the report.

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. The Old Rectory is a private, residential property. Currently, the public footpath ran along the access drive and close to the dwelling of The Old Rectory and immediately adjacent to the garage and outbuildings.

The diversion would instead move the start of the footpath 165m further south on High Street running in an easterly direction on the northern side of the boundary between The Old Rectory and Mawdesley Cricket Club, then south to continue for 20m alongside the eastern boundary of the Cricket Club, before turning to continue in a broadly east-south-easterly direction to rejoin the existing route on the access drive at SD 4915 1420. 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 FP0919005 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-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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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.