Decision details

A report was presented on an application for the diversion of part of Footpath FP0325018 at The Old Coach House, Saccary Lane, Mellor.

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 new route was shown by a bold broken line and marked E-D-C-B.

The consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received. The Lancashire County Council Ecology Officer had commented that the works should avoid the removal of any mature trees which may be suitable to support roosting bats, and that all vegetation removal works must be undertaken outside the bird nesting season (March to August inclusive).

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 Coach House is a private, residential property. Currently, the legal line of the public footpath ran along the garden and close to the dwelling of The Old Coach House. The residents had reported various incidents of abuse of the public rights and wished to segregate the public footpath from the garden.

The diversion would move the footpath to the south end of the garden of The Old Coach House, then following the edge of the adjacent pasture to continue on footpath FP0333006 northwards. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe and convenient for public use.

The officer answered questions from Committee.

Following a discussion, it was Proposed and Seconded that the following further recommendation be added:

"(iv) That before the route is certified, officers ensure that improvements are made so that the public are not inconvenienced by the surface condition between B and C."

Upon being put to the Vote, the Motion was Carried.

It was therefore:

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0325018 from the route shown by a bold continuous line and marked A-B to the route shown by a bold broken line and marked E-D-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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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.

(iv)  That before the route is certified, officers ensure that improvements are made so that the public are not inconvenienced by the surface condition between B and C.