Agenda and minutes

Regulatory Committee - Wednesday, 22nd January, 2025 10.30 am

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Venue: Committee Room 'B' - The Diamond Jubilee Room, County Hall, Preston

Contact: Joanne Mansfield (Tuesday -Friday am)  (01772) 534284

Media

Items
No. Item

1.

Apologies

Minutes:

There were no apologies for absence.

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

Minutes:

No pecuniary or non-pecuniary interests were disclosed.

3.

Minutes of the last Meeting held on 27 November 2024 pdf icon PDF 243 KB

Minutes:

Resolved: That the minutes of the meeting held on 27 November 2024 be confirmed and signed by the Chair.

 

4.

Guidance pdf icon PDF 121 KB

Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders to be made under the Highways Act 1980 is presented for the information of the Committee.

 

Additional documents:

Minutes:

A report was presented providing guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and the law and actions taken by the authority in respect of certain Orders to be made under the Highways Act 1980.

 

Resolved: That the Regulatory Committeetake into account the current Guidance as set out in Annexes 'A', 'B' and 'C' and refer to the relevant sections during consideration of the reports on the agenda.

 

5.

Annual Progress Report pdf icon PDF 274 KB

Minutes:

The annual report to Regulatory Committee was presented, in relation to requests or applications for definitive map modification orders and public path orders in progress and waiting to be processed as recorded on the statutory register.

 

The legal officer reported that, in May 2024, the county council had secured some additional funding to specifically assist with the submission of opposed orders to the Planning Inspectorate. These were matters that had previously been decided by Committee, orders made and, due to objections being received, needed to be sent to the Planning Inspectorate. There had been over 50 opposed orders on the list to be submitted which involved time consuming, specialised work. Officers had now submitted 28 of these matters to the Planning Inspectorate, which was considered to be a substantial achievement.

 

The Chair thanked the officers for all their hard work on these matters.

 

Committee were informed that the Government had announced their intention to remove the 2031 cut-off date for recording historical public rights of way for those that were considered to have come into existence before 1949 but were not shown on the Definitive Map. The cut-off date would be repealed by the government when parliamentary time allowed. It was reported that this would not have a huge effect on the number of applications received or on officer workloads.

 

The officer answered questions on the Annual Progress Report.

 

County Councillor Cheetham stated that part of Croston Close Road, Ramsbottom was on Lancashire's boundary line with Rochdale and included access to Scout Moor Windfarm. Committee noted that if a road or path stopped at a border, the county council would always liaise with the other responsible authority on these applications.

 

Resolved: The Regulatory Committee commented on the report and noted the contents.

 

6.

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Bridleway across Hoscar Moss, Lathom pdf icon PDF 2 MB

Additional documents:

Minutes:

A report was presented on an application for the upgrading on the Definitive Map and Statement of the recording of footpath to bridleway across Hoscar Moss from the junction of Bleak Lane and Wood Lane to Meadow Lane, Lathom. The application route was shown on the Committee Plan attached to the agenda papers between points A-B-C-D-E.

 

A variety of maps, plans and other documents had been examined to discover when the route came into being, and to try to determine what its status may be.

 

The legal officer informed Committee that emails had been received from the landowner and the tenant after the deadline, raising concerns in relation to the peatland. Details of the concerns were provided verbally to Committee.

 

It was suggested that Committee had sufficient evidence, on balance, that the route was a historical public route available not only for use on foot or horseback but also as a vehicular highway. There had been no legal stopping up of those rights and so it was advised that the legal maxim "once a highway always a highway" would apply.

 

Committee noted the response from one of the landowners which referred to their understanding of the "alleged bridleway" having been fenced off for the past 43 years "only to provide footpath access." However, Committee noted that in this instance the county council was relying on historical map evidence and that this fencing was relatively recent.

 

Committee were advised if they were content that there was sufficient evidence of an old vehicular highway between points A-E, the Natural Environment and Rural Communities Act 2006 would have extinguished mechanically propelled vehicular rights, leaving the route to be appropriately recorded as a restricted byway. It was therefore recommended to make an Order as set out in the Recommendation of the report and that the Order be promoted to confirmation.

 

The officer answered questions from Committee.

 

After a discussion, it was:

 

Resolved:

 

(i)  That the application to upgrade 8-19-FP87 and part of 8-19-FP88 to bridleway on the Definitive Map and Statement of Public Rights of Way be accepted, subject to the recording of additional rights.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)of the Wildlife and Countryside Act 1981 to upgrade 8-19-FP87 and part of 8-19-FP88 to restricted byway on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E.

 

(iii)  That being satisfied that the test for confirmation can be met the Order be promoted to confirmation.

 

7.

Addition of Footpath from Ormerod Street to Gamble Road, Thornton, Cleveleys, Definitive Map Modification Order 2015 - Stance on Confirmation pdf icon PDF 137 KB

Additional documents:

Minutes:

A report was presented on a further decision required on the stance to be taken with regards to the submission of 'The Lancashire County Council (Ormerod Street to Gamble Road, Thornton Cleveleys) Definitive Map Modification Order 2015' to the Planning Inspectorate.

 

An application under Schedule 14 of the Wildlife and Countryside Act 1981 had been received to record on the Definitive Map and Statement of Public Rights of Way a public footpath from Ormerod Street to Gamble Road, Thornton Cleveleys. The application route was shown on the Committee Plan attached to the agenda papers between points A-B-C-D-E-F.

 

At the meeting of the Regulatory Committee held on 13 May 2015, a decision had been made to make an Order in accordance with the application and subsequent investigation and that, being satisfied that the higher test for confirmation could be met, the Order be promoted to confirmation if necessary by submitting it to the Secretary of State (Appendix A referred).

 

Committee noted that two objections had been duly made to the Order. These objections had been summarised in a second report presented to the Regulatory Committee on 25th September 2024 (Appendix B referred). In that report, officers had recommended that the Order be referred to the Planning Inspectorate, with the available evidence, with the Order Making Authority taking a neutral stance. Committee had resolved that:

 

"That being satisfied that the higher test for confirmation can be met, the Order be submitted to the Planning Inspectorate and promoted to confirmation."

 

Committee had also suggested that officers seek further evidence. It was reported that this further information had now been obtained from the applicant and a thorough interrogation of the evidence carried out, the details of which were set out in the Committee report. 

 

Taking all this information into account, Committee were advised that they may consider there was insufficient evidence that a public footpath subsists on the balance of probabilities, and that the Authority take a neutral stance when submitting the Order to the Planning Inspectorate for a decision on confirmation of the Order.

 

It was reported that, should members agree that the Order be submitted with the Order Making Authority taking a neutral stance, it was advised that it would still be open to the applicant, or anyone wishing to support the Order, to submit evidence and/or representations directly to the Planning Inspectorate and that, if done in the correct manner, the Planning Inspectorate would take representations and evidence into account when determining the Order.

 

County Councillor Kay expressed disappointment with Wyre Council and Fleetwood Town Council who had agreed an alternative route to be provided, as part of a planning application 10 years ago, that had not yet been provided. However, County Councillor Kay thanked Jayne Elliott for all her work on this application.

 

Resolved: That, following further investigations and consideration of the evidence and objections received, the Committee recommended that the Order Making Authority now take a neutral stance with regards to confirmation when submitting the Order to  ...  view the full minutes text for item 7.

8.

Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Diversion of Footpath FP1404038 at Crofters Bank, Loveclough pdf icon PDF 142 KB

Additional documents:

Minutes:

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.

 

9.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. Wherever possible, the Chief Executive should be given advance warning of any Member's intention to raise a matter under this heading.

Minutes:

There were no items of Urgent Business.

10.

Date of Next Meeting

The next scheduled meeting will be held at 10.30am on Wednesday 26 March 2025 in Committee Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

Minutes:

Resolved: It was noted that the next meeting would be held at 10.30am on Wednesday 26 March 2025 in Committee Room 'B' - the Diamond Jubilee Room at County Hall, Preston.