Agenda and minutes

Apologies were received from County Councillor Burrows, County Councillor Clifford and County Councillor Howarth.

Temporary replacement

County Councillor Pate replaced County Councillor Oakes.

To note the appointment by Full Council on 23^rd May 2024 of County Councillor Alan Cullens BEM and County Councillor Matthew Salter as Chair and Deputy Chair of the Committee respectively, for 2024/25.

Committee noted the appointment by Full Council on 23 May 2024 of County Councillor Alan Cullens BEM and County Councillor Matthew Salter as Chair and Deputy Chair of the Committee, respectively, for 2024/25.

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.

No pecuniary or non-pecuniary interests were disclosed.

A report was presented setting out the constitution, membership, Terms of Reference of the Regulatory Committee, and the programme of meetings for 2024/25.

Resolved:

The Committee:

(i)  Noted the constitution/membership of the Committee, following appointments at the county council's annual meeting on 23 May 2024.

(ii)  Agreed to comply with the Terms of Reference of the Committee.

(iii)  Noted the agreed programme of meetings for the Committee.

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

Matters Arising

In relation to the Guidance report, Committee noted that the wording in relation to biodiversity on Annex 'B' had been amended, as agreed at the last meeting.

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.

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 Guidance as set out in Annexes 'A', 'B' and 'C' of the report presented, be noted.

A report was presented on an update of the progress made in relation to matters previously considered by Committee.

Committee noted that although the term 'applications' had been used for convenience these were not all formal applications made under Schedule 14 of the Wildlife and Countryside Act 1981 but included some cases where sufficient evidence had been discovered or presented to the county council to indicate an investigation was appropriate.

Resolved:

Committee considered the report and had no comments to make.

A report was presented on an application for the addition of a Restricted Byway along part of Green Lane, Skerton, Lancaster to the Definitive Map and Statement of Public Rights of Way. The restricted byway to be added was shown on the Committee plan attached to the agenda papers between points A-B-C.

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.

Committee were advised that there was sufficient evidence that this route was already regarded as part of the highway network in the early nineteenth century, and continued to be recorded as such on the various documents and that on balance, a dedication by an owner over 200 years ago could be inferred.

Committee were informed that the legal maxim "once a highway always a highway" would apply and the fact that the application route was not presently recorded did not mean that it did not carry public rights of way.

In addition, Committee were informed that should they consider that an Order be made to record this old route as restricted byway, it was advised that the evidence was sufficiently strong for the Order to be promoted to confirmation.

Resolved:

(i)  That the application for a Restricted Byway to be added to the Definitive Map and Statement of Public Rights of Way be accepted.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Restricted Byway along part of Green Lane, Skerton on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C.

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

A report was presented on an application for the addition of a bridleway across Aikengill Dub from Aikengill Road to the junction of Ringstones Lane and Slaidburn Road, Tatham to the Definitive Map and Statement of Public Rights of Way. The bridleway to be added was shown on the Committee plan attached to the agenda papers between points A-B.

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.

Committee were informed that, in conclusion, it appeared from the early map evidence that the application route had been used by vehicles however, the terrain along the application route may also have meant that the route had been more likely to be used on horseback or with packhorses. The fact that an alternative route had been created and subsequently maintained suggested, on balance, that carts which had used it as part of a longer through route had probably begun to struggle across the application route, and it was easier to provide a new link than try to improve the application route. However, there was no evidence to substantiate this further.

Committee were advised that, on balance, it seemed that the application route was a public vehicular highway and that dedication of public carriageway rights may therefore be inferred. It was reported that the implication of section 67 Natural Environment Rural Communities Act 2006 meant that any existing public rights of way for mechanically propelled vehicles had been extinguished so a recording of restricted byway would be appropriate.

It was therefore suggested to Committee that after careful consideration having taken all the map and documentary evidence into account, they may consider there was sufficient evidence from which to infer dedication of public carriageway rights and that an Order be made for restricted byway and that it be promoted to confirmation.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of a bridleway from Aikengill Road to the junction of Ringstones Lane and Slaidburn Road, Tatham be accepted subject to the higher restricted byway rights being recorded.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a restricted byway from Aikengill Road to the junction of Ringstones Lane and Slaidburn Road, Tatham on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B.

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

A report was presented on an application for the upgrading of footpaths and addition of bridleway between Fish Lane and Curlew Lane, Burscough to the Definitive Map and Statement of Public Rights of Way. The upgrading of part of footpaths FP0818135 and FP0818134 to bridleway were shown on the Committee plan attached to the agenda papers between points A-B, C-E and E-F-G-H-I respectively, and the bridleway to be added was shown between points B-C and C-D.

Various 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.

On balance and given the nature of the evidence, Committee considered that the evidence of the application route having become a public bridleway was sufficient. However, there was some debate about whether that evidence showed that the way should be recorded as a restricted byway, as opposed to a bridleway, as it was thought there was sufficient evidence of vehicular use and that the route carried higher rights.

The officer answered questions from Committee.

After a discussion, it was Proposed and Seconded that:

"Part of FP0818135 (A-B and C-E) and FP0818134 (E-F-G-H-I) be upgraded to restricted byway and that a restricted byway be added between points B-C and C-D on the Definitive Map and Statement of Public Rights of Way".

Upon being put to the Vote, the Motion was Carried.

It was therefore:

Resolved:

(i)  That the application for the upgrading of footpaths and addition of a bridleway between Fish Lane and Curlew Lane, Burscough to the Definitive Map and Statement of Public Rights of Way, be accepted, subject to restricted byway rights also being recorded.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and/or Section 53 (3)(c)(i) and (ii) of the Wildlife and Countryside Act 1981 to upgrade part of FP0818135 (A-B and C-E) and FP0818134 (E-F-G-H-I) to restricted byway and to add a restricted byway between points B-C and C-D on the Definitive Map and Statement of Public Rights of Way.

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

It was reported that this item had been withdrawn.

A report was presented on the proposed concurrent extinguishment and creation of part of Footpath FP0339018 at Old Sawley Grange, Gisburn Road, Sawley, Clitheroe, BB7 4LH, Ribble Valley Borough.

The length of existing footpath to be extinguished was shown on the Committee plan attached to the agendas papers as a bold continuous line marked A-B, and the footpath to be created was shown by a bold dashed line marked C-B.

Consultations with the statutory undertakers and Lancashire County Council Ecology Officer had been carried out and no objections or adverse comments on the proposal had been received.

It was reported that the proposed extinguishment was considered expedient on the grounds that this part of the footpath was not needed for public use. The current right of way, from a point at SD 7928 4680 within the footprint of the building of Old Sawley Grange, in an easterly direction, crossing a telecommunications mast access track, a boundary fence and into a pasture, to meet the access track at SD 7947 4679 would be made redundant by the concurrent creation under a Section 26 Order, on a more practical and convenient line. It was expedient in the interests of the owners of the land for reasons of a property sale that these rights be stopped up (as was the intention of a 2000 Diversion Order).

The creation of the footpath section was being sought because it appeared that there was a need for this public right of way, having regard to the extent to which it would add to the convenience or enjoyment of persons resident in the area, and having regard to the effect of the owners of the land, who needed the situation to be rectified.

Resolved:

(i)  That an Order(s) be made under Sections 26 and 118 of the Highways Act 1980 to extinguish part of Footpath FP0339018 shown by a bold continuous line and marked A-B on the attached map and to create a footpath shown by a bold broken line C-B.

(ii)  That in the event of no objections being received, the Order(s) be confirmed and in the event of objections being received and not withdrawn, the Order(s) be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority promote confirmation.

(iii)  That provision be included in the Order(s) 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(s).

A report was presented on an application for the extinguishment of part of Footpath FP1404038 at Middlegate Green, Loveclough, Rawtenstall, Rossendale Borough.

A revised Committee plan and larger scale plan had been circulated to members (copies attached).

The length of existing path to be extinguished was shown on the Committee plan attached to the agenda papers as a bold continuous line and marked as A-B.

Consultations with the statutory undertakers and the Lancashire County Council Ecology Officer had been carried out and no objections or adverse comments on the proposal had been received.

It was reported that the proposed extinguishment of footpath FP1404038 was considered expedient on the grounds that this part of the footpath was not needed for public use. No.11 Middlegate Green is a private, residential property fronted by a footway that provided a route that was safe and convenient for public use, although longer in length, making the residual short length of footpath redundant. It was expedient in the interests of the owners of the land for reasons of privacy and security that this duplicate 30m of pedestrian rights be stopped up.

The officer answered questions from Committee.

After a discussion, it was:

Resolved:

(i)  That an Order be made under Section 118 of the Highways Act 1980 to extinguish part of Footpath FP1404038 shown by a bold continuous line and marked A-B on the attached map.

(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.

A report was presented on an application for the diversion of part of Footpath FP0303024 at Green Thorn Farm Aighton, Bailey and Chaigley Parish, Hurst Green.

The length of existing path to be diverted was shown on the Committee plan attached to the agenda papers as 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-B.

Consultations with the statutory undertakers and the Lancashire County Council Ecology Officer had been carried out and no objections or adverse comments on the proposal had been received.

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. Green Thorn Farm is a private, residential property. Currently, the public footpath ran through the grounds of the farm close to its western boundary, then turned to continue close to the dwelling and outbuildings of the farm, before continuing in a northerly direction to re-enter the forest.

The diversion would instead move the footpath closer to the western boundary of Green Thorn Farm continuing on a line on the eastern side of, and broadly parallel to, the western boundary, before exiting the grounds of Green Thorn Farm onto a track continuing in a broadly north-easterly direction through the forest to a point at SD 6651 4076, 150m north of Green Thorn Farm boundary, to continue on footpath FP0303024. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe, convenient and as direct for public use.

The officer answered questions from Committee.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0303024 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-B on the attached map.

(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.

A report was presented on an application for the diversion of part of footpath FP0312095 at the former Chipping Camping Barn, at Clark House Farm, Chipping.

The length of existing path to be diverted was shown on the Committee plan attached to the agenda papers as 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-E.

The consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

Consultation with the Lancashire County Council Ecology Officer had been carried out with the recommendation that a pre-commencement survey of the watercourse be undertaken by a suitably qualified ecologist, to determine if there was any potential for impacts on water voles from the creation of a new crossing. It was noted that any advice from the ecologist on the need for further surveys, reasonable avoidance measures, licences etc would be adhered to throughout and that if any vegetation removal works were required, that these must be undertaken outside the bird nesting season (March to August inclusive).

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. The former Chipping Camping Barn, at Clark House Farm is a private, residential property. Currently, the public footpath ran along the access drive of, and immediately adjacent to, this dwelling.

The diversion would instead move the footpath from a point in the pasture just to the south of Clark House, to turn in a north-north-westerly direction over the ditch to the south of Meadow Hey, continuing in a north-north-westerly alongside the boundary, to turn in a north-easterly direction and onto Fish House Lane. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe, convenient and as direct for public use.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of footpath FP0312095 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-E on the attached map.

(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.

A report was presented on an application for the diversion of part of Footpath FP0106009 at Monkswell, Bolton-le-Sands.

The length of existing path to be diverted was shown on the Committee plan attached to the agenda papers as a bold continuous line and marked A-B, and the proposed alternative route was shown by a bold broken line and marked C-D-B.

Consultations with the statutory undertakers and the Lancashire County Council Ecology Officer had been carried out and no objections or adverse comments on the proposal had been received.

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. Monkswell is a private, residential property. Currently, the public footpath ran along the access drive of Monkswell immediately adjacent to the dwelling.

The diversion would instead start from a point 35 metres further north-east on Bye-Pass Road, continuing north-west for 15 metres, then west-south-west for a further 10 metres over St Michael's River via a bridge to rejoin the original line of FP0106009. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe, convenient and generally as direct for public use.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0106009 from the route shown by a bold continuous line and marked A-B to the route shown by a bold broken line and marked C-D-B on the attached 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 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.

A report was presented on an application for the diversion of part of Footpath FP0919005 at The Old Rectory, Mawdesley.

The length of existing path to be diverted was shown on the Committee plan attached to the agenda papers as a bold continuous line and marked A-B, and the proposed alternative route was shown as a bold broken line and marked C-D-E-B.

Consultations with the statutory undertakers and the Lancashire County Council Ecology Officer had been carried out and no objections or adverse comments on the proposal had been received. The Lancashire County Council Ecology Officer had given some specific advice for the applicant to follow in relation to protected species and the bird nesting season, should the Order be made and before construction. Details of these were set out in the report.

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. The Old Rectory is a private, residential property. Currently, the public footpath ran along the access drive and close to the dwelling of The Old Rectory and immediately adjacent to the garage and outbuildings.

The diversion would instead move the start of the footpath 165m further south on High Street running in an easterly direction on the northern side of the boundary between The Old Rectory and Mawdesley Cricket Club, then south to continue for 20m alongside the eastern boundary of the Cricket Club, before turning to continue in a broadly east-south-easterly direction to rejoin the existing route on the access drive at SD 4915 1420. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe, convenient and as direct for public use.

The officer answered questions from Committee.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0919005 from the route shown by a bold continuous line and marked A-B to the route shown by a bold broken line and marked C-B on the attached map.

(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.

A report was presented on an application for the diversion of part of Footpath FP0325018 at The Old Coach House, Saccary Lane, Mellor.

The length of existing path to be diverted was shown on the Committee plan attached to the agenda papers as a bold continuous line and marked A-B, and the proposed new route was shown by a bold broken line and marked E-D-C-B.

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 commented that the works should avoid the removal of any mature trees which may be suitable to support roosting bats, and that all vegetation removal works must be undertaken outside the bird nesting season (March to August inclusive).

It was reported that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security. The Old Coach House is a private, residential property. Currently, the legal line of the public footpath ran along the garden and close to the dwelling of The Old Coach House. The residents had reported various incidents of abuse of the public rights and wished to segregate the public footpath from the garden.

The diversion would move the footpath to the south end of the garden of The Old Coach House, then following the edge of the adjacent pasture to continue on footpath FP0333006 northwards. This would significantly increase the privacy and security of the residential dwelling, whilst providing a route that was safe and convenient for public use.

The officer answered questions from Committee.

Following a discussion, it was Proposed and Seconded that the following further recommendation be added:

"(iv) That before the route is certified, officers ensure that improvements are made so that the public are not inconvenienced by the surface condition between B and C."

Upon being put to the Vote, the Motion was Carried.

It was therefore:

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0325018 from the route shown by a bold continuous line and marked A-B to the route shown by a bold broken line and marked E-D-C-B on the attached map.

(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.

(iv)  That before the route is certified, officers ensure that improvements are made so that the public are not inconvenienced by the surface condition  ...  view the full minutes text for item 18.

A report was presented on a proposal to dedicate a public footpath under the 1980 Highways Act Section 25 to provide a level access entrance / exit between Squires Gate railway station and New Road.

It was reported that the Squires Gate railway station was unstaffed and currently had one entry / exit point at Squires Gate Lane with a steep flight of stairs from the platform, which posed challenges for individuals with mobility issues, wheelchair users, parents with prams and passengers with luggage.

The aim of the wider Squires Gate Level Access project was to enhance accessibility at the Railway Station, and to make the facility more inclusive to the local community.

Progress towards achieving level access to the platform had begun in 2018, when the potential for creating a new inclusive route from nearby New Road had been identified through a new housing estate proposed by Persimmon Homes.  Fylde Borough Council had initiated Compulsory Purchase Order proceedings to acquire a small piece of land which had previously been unregistered, to link New Road to the southern end of Squires Gate Railway Station. The Compulsory Purchase Order process had been completed in August 2023.

Lancashire County Council as the Local Transport Authority for the area were developing the wider project in partnership with Northern Trains and Network Rail. Various processes were now required to enable the Level Access project package to be delivered.

A discussion took place around the poor state of the garages adjacent to the proposed footpath and the need to ensure the safety of the footpath users. Committee noted that these concerns would be drawn to the attention of the Highways Design Team.

Resolved:

(i)  That the proposal for the dedication of footpath from New Road to Squires Gate railway station be accepted.

(ii)  That an Agreement be entered into, pursuant to Section 25 of the Highways Act 1980, with freehold landowners Persimmon Homes and Fylde Borough Council.

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.

There were no items of Urgent Business.

The next scheduled meeting will be held at 10.30am on Wednesday 25^th September 2024 in Committee Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

Resolved: It was noted that the next meeting would be held at 10.30am on Wednesday 25^th September 2024 in Committee Room B – The Diamond Jubilee Room, County Hall, Preston.