Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
Application for the diversion of part of
Footpath FP0819048 at Lower Park Farm, Lathom
A report was presented on an application for the diversion of part of Footpath FP0819048 at Lower Park Farm, Lathom.
The length of existing path to be diverted was shown on the Committee plan attached to the agenda papers by 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.
The update sheet contained the following additional information which had come to light following the site visit:
"The public footpath is obstructed as it passes by Lower Park House. A permissive alternative has been provided, starting 60m SE through to 120 m WSW of point A on the Order Plan. This has created a route slightly to the north of the legal line and had the effect of removing access to the footpath along the drive/parking area of Lower Park House, also enabling the residents to close the electric gates to their property. This alternative, although well maintained and accessible is not to the standard required for a diversion and is not part of the proposal set out in the Committee Report. In the event that Members decide not to make an Order or the Order does not take effect the landowner will be required to reinstate the legal line of the footpath.
It should also be noted that the section of the existing footpath to the SE of point B is in multiple ownership, however both title holders are referred to in the original letter of application and this was considered an application with approval of all parties."
The consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.
The proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. Lower Park Farm is a commercial property. Currently the public footpath ran along the access drive of, and immediately adjacent to, the dwelling of Lower Park Farm. The diversion would instead move the path onto a track to the NE of Lower Park Farm, broadly parallel to the W section of the current route, and will also exit onto Hall Lane. This would significantly increase the privacy and security of the commercial property, whilst providing a route that was safe, convenient and as direct for public use.
After a discussion it was:
Resolved:
(i) That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0819048 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 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: West Lancashire East;
Contact: David Goode Email: david.goode@lancashire.gov.uk Tel: 01772 533723, Stephanie Lee Email: Stephanie.Lee@lancashire.gov.uk, Annabel Mayson Email: annabel.mayson@lancashire.gov.uk, Simon Moore Email: simon.moore@lancashire.gov.uk, Ansar Sadiq Email: ansar.sadiq@lancashire.gov.uk Tel: 01772 532435.
Report author: David Goode
Date of decision: 27/11/2024
Decided at meeting: 27/11/2024 - Regulatory Committee
Accompanying Documents: