Issue - meetings

DMMO Investigation - Addition of Footpath along dismantled railway line from Strongstry Bridge to Stubbins Station

Meeting: 16/09/2020 - Regulatory Committee (Item 7)

7 Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Footpath along dismantled railway line from Strongstry Bridge to Stubbins Station
File No. 804-614 pdf icon PDF 3 MB

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Additional documents:

Minutes:

A report was presented on an application for the addition of a Footpath from Footpath Ramsbottom 45 north of Strongstry Road along the dismantled railway to Stubbins Vale Road (U3623) at Stubbins Station and shown on the Committee plan attached to the agenda papers, between points A-B-C-D-E-F-G-H.

 

Legal Services had received last minute representations from the current owners of the land who objected to the application. The land owners representation letter was summarised and reported to the Committee by the legal officer, Kerry Hayes.

 

A site inspection had been carried out in February 2020.

 

It was reported that the application related to the addition of a footpath along the former track bed of the former East Lancashire Railway, which had opened in 1846. The railway between Ramsbottom and Accrington had ceased to operate in 1966 and the track bed had been removed in approximately 1970-1972. There had been no claim that the application route existed as a footpath prior to the closure of the railway and removal of the railway track. The application was based primarily on the submission of a substantial amount of user evidence. Map and documentary evidence confirmed the existence of the railway and the fact that the rails were still in situ until the early 1970s and the earliest OS map to show the railway as having been dismantled had been published in 1983 (having been revised in 1982).

 

It was reported that, in 1993, the company owning the land crossed by the application route had applied for planning permission to extend Stubbins Vale Mill which would have interfered with the railway embankment along which the application route ran. Unfortunately, most of the correspondence relating to the granting of planning permission could not be found but it appeared that there had already been use of the railway line by that time by the public, and that the company had acknowledged this use, agreed to it continuing, and appeared to have been responsible for the construction of wooden steps in diverting the original route to allow for their factory extension.

 

The Committee noted that, in summary, the available map, documentary and photographic evidence, together with the recollections of the route from the county council project officer looking at the creation of a cycleway along the route, supported the evidence of use submitted.

 

County Councillor Howarth requested updates on the progress of decisions taken by Regulatory Committee.

 

Resolved:

 

 

(i)  That the application for the addition of a footpath on the Definitive Map and Statement of Public Rights of Way along the dismantled railway at Stubbins Station, in accordance with File No. 804-614, be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Footpath from Footpath Ramsbottom 45 north of Strongstry Road along the dismantled railway to Stubbins Vale Road (U3623) at Stubbins Station on the Definitive Map and Statement of Public Rights of Way as  ...  view the full minutes text for item 7

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