Decision details

A report was presented on an application for the diversion of part of Footpath FP1404038 at Crofters Bank, Loveclough, Rawtenstall.

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 as A-B and the proposed alternative was shown by a broken line marked A-C.

Consultations with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received. There were no adverse ecological effects as this was an already well-used location surfaced with tarmac and concrete.

The proposed diversion was considered expedient in the interests of the owner of the land for reasons of facilitating the sale of the property and also for privacy and security. 23 Crofters Bank is a private residential property. Currently the public footpath passed through the garden fence of 23 Crofters Bank and across the garden, and also that of the immediate neighbour before passing through a block of four flats and also across the grass and through a low wall of a further property on All Saints Close.

It was reported that diverting the path from the curtilage of the residential properties onto an existing path adjacent to All Saints Close would significantly increase the privacy and security of the residents, whilst providing a route that was safe and convenient for public use.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP1404038 shown by a bold continuous line and marked A-B on the attached map to bold broken line A-C.

(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the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its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 effect of the Order.