Decision details

Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Diversion of part of footpath FP0302091 at Alston Cottage Farm, Longridge

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Application for the diversion of part of Footpath FP0302091 at Alston Cottage Farm, Longridge.

Decisions:

A report was presented on an application for the diversion of parts of Footpath FP0302091 at Alston Cottage Farm, Longridge.

 

The lengths of existing footpath to be diverted were shown on the Committee plan attached to the agenda papers by a bold continuous line and marked A-B, E-C, B-C and D-C, and the proposed alternative routes were shown by a bold dashed line and marked B-F, E-F, B-G and D-G.

 

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 been consulted and had given some specific advice for the applicant to follow, should the Order be made and before construction.

 

The proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. Alston Cottage Farm is a private residential property, Edmundson Farm is a working farm. Currently, the public footpath passed through the gardens of the Alston Cottage Farm and the grounds of Edmundson Farm, before continuing through the adjacent pastures.

 

Removing the path from the grounds of the residential property and diverting it to instead join the access drive to Edmundson Farm would significantly increase the privacy and security of the residence, whilst providing a route that was safe and convenient for public use. As there were also problems with the alignment of the footpath running along the eastern side of Edmundson Farm, the proposal also sought to remedy these by moving them off the margins of the farmyard into the pastures to the south and east.

 

The officer answered questions from Committee.

 

Resolved:

 

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert parts of Footpaths FP0302091, FP0302093 and FP0302094 from the route shown by a bold continuous line and marked A-B, B-C, E-C and D-C to the routes shown by a bold broken line and marked B-F, B-G, E-F and D-G on the Committee 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 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.

 

Divisions Affected: (All Divisions);

Contact: David Goode Email: david.goode@lancashire.gov.uk Tel: 01772 533723.

Report author: David Goode

Date of decision: 27/11/2024

Decided at meeting: 27/11/2024 - Regulatory Committee

Accompanying Documents: