Agenda and minutes

Regulatory Committee - Wednesday, 28th September, 2016 10.30 am

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

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

Contact: Garth Harbison Tel: (01772) 530596, Email: garth.harbison@lancashire.gov.uk

Media

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Items
No.	Item
	County Councillors Niki Penney and David Westley replaced County Councillors Ron Shewan and Graham Gooch respectively.
1.	Apologies. Minutes: Apologies were received from County Councillors Julie Gibson, Paul Hayhurst and Chris Henig.
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: None were disclosed.
3.	Minutes of the last meeting. PDF 67 KB View item 3. as DOC 63 KB View the background to item 3. View the decision for item 3. Minutes: Resolved: That the minutes of the meeting held on 27 July 2016 be confirmed and signed by the Chair.
4.	Guidance. PDF 83 KB View item 4. as DOC 144 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: Guidance ANNEX A , item 4. PDF 126 KB View as DOC (4./2) 132 KB Guidance ANNEX B , item 4. PDF 80 KB View as DOCX (4./3) 88 KB Guidance ANNEX C , item 4. PDF 59 KB View as DOCX (4./4) 16 KB Minutes: A report was presented in connection with Guidance for members of the Committee regarding the law on the continuous review of the Definitive Map and Statement of Public Rights of Way, certain Orders to be made under the Highways Act, 1980 and the actions available to the County Council on submission of Public Path Orders to the Secretary of State. Resolved: That the Guidance, as set out in Annexes 'A', 'B' and 'C' of the report presented, be noted.
5.	Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Addition of a Byway Open to all Traffic on Highgate Lane, Bryning with Warton, Fylde File No. 804-580 PDF 99 KB View item 5. as DOC 156 KB View the background to item 5. View the decision for item 5. Additional documents: Location plan DMMO BOAT Highgate Lane Bryning , item 5. PDF 1 MB Committee plan DMMO BOAT Highgate Lane Bryning , item 5. PDF 349 KB Minutes: A report was presented on an application for the addition of a byway open to all traffic on part of Highgate Lane, Bryning with Warton, Fylde, in accordance with file no. 804-580. Details of the claim and the evidence related to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A'), were presented both as part of the report and by officers at the meeting. Having examined all of the information provided, the Committee agreed that taking all the relevant evidence into account, there was insufficient evidence for the application to be accepted. Resolved: That the application for a byway open to all traffic on part of Highgate Lane, Bryning with Warton, Fylde, to be shown on the Definitive Map and Statement of Public Rights of Way and shown on the Committee Plan between points A – B, in accordance with File No. 804-580, be not accepted.
6.	Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Addition of a public footpath from Clitheroe Street to Guy Street, Padiham, Burnley File No. 804-579 PDF 6 MB View item 6. as DOC 10 MB View the background to item 6. View the decision for item 6. Additional documents: Location plan Addition of a public footpath from Clitheroe Street to Guy Street, Padiham, Burnley , item 6. PDF 2 MB Committee plan Addition of a public footpath from Clitheroe Street to Guy Street, Padiham, Burnley , item 6. PDF 260 KB Minutes: A report was presented on an application of a public footpath from Clitheroe Street to Guy Street, Padiham, Burnley, in accordance with File No. 804-559. Details of the claim and the evidence related to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A'), were presented both as part of the report and by officers at the meeting. Having examined all of the information provided, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence that an Order be made and promoted to confirmation. Resolved: 1. That the application to the addition of a public footpath from Clitheroe Street to Guy Street, in accordance with File No. 804-559, be accepted. 2. That an Order be made pursuant to Section 53(2)(b) and Section 53 (3)(b) and/or 53 (c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath from Clitheroe Street to Guy Street, Padiham, on the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-B-C. 3. That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.
7.	Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Addition of a public footpath from two points on Public Footpath 5 Wilpshire to a junction with Longsight Road/A59, Wilpshire, Ribble Valley File No. 804-567 PDF 15 MB View item 7. as DOC 26 MB View the background to item 7. View the decision for item 7. Additional documents: Location plan Addition of Footpath from Footpath 5 to A59 , item 7. PDF 1 MB Committee Plan 1 Addition of Footpath from Footpath 5 to A59 , item 7. PDF 464 KB Committee Plan 2 Addition of Footpath from Footpath 5 to A59 , item 7. PDF 506 KB Minutes: A report was presented on an application of a public footpath from two points on Public Footpath 5 Wilpshire to a junction with Longsight Road/A59, Wilpshire, Ribble Valley, in accordance with File No. 804-567. Details of the claim and the evidence related to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A'), were presented both as part of the report and by officers at the meeting. Members were informed that two statements of user evidence had been omitted from the report. Summaries of these two statements were presented at the meeting to Members. A letter from Nigel Evans MP was also presented to Members stating his objections to the proposals. Under Standing Order 19(1), County Councillor Alan Schofield was permitted to address the Committee. Having examined all of the information provided, the Committee agreed that taking all the relevant evidence into account, there was insufficient evidence that the application be able to be accepted. Resolved: That the application for the addition of a public footpath from two points on Public Footpath 5, Wilpshire, to a junction with Longsight Road/A59, Wilpshire, Ribble Valley in accordance with File No. 804-567, be not accepted.
8.	Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Upgrading to Bridleway of Footpaths 1 (part) and 8 (part) Chorley, known as Common Bank Lane File No. 804-575 PDF 15 MB View item 8. as DOCX 14 MB View the background to item 8. View the decision for item 8. Additional documents: Location plan Upgrade to Bridleway Common Bank Lane , item 8. PDF 2 MB Committee plan Upgrade to Bridleway Common Bank Lane , item 8. PDF 2 MB Minutes: . A report was presented on an application for the upgrading to Bridleway of parts of Footpaths 1 and 8 Chorley, known as Common Bank Lane, in accordance with File No. 804-575. Details of the claim and the evidence related to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A'), were presented both as part of the report and by officers at the meeting. Regulatory Committee had considered an application to upgrade part of the route under investigation in 2002 with further evidence considered in 2003 together with an application to upgrade a greater length of Public Footpath 1. The application was rejected and copies of both reports were presented at the meeting. The Committee had to consider all relevant evidence but also the the user and consider the intention of the owner Having examined all of the information provided, the Committee agreed that taking all the relevant evidence into account, the decision on the application be deferred. The previous report from 2003, which was appended to the report. referred to more user evidence and to Chorley Borough Council supporting the application at that time as landowners for much of the lane. This time Chorley Borough Council had said nothing. The Committee asked that officers contact Chorley Borough Council again Resolved: That the decision on the application to upgrade to Bridleway parts of Footpaths 1 and 8 Chorley, in accordance with File No. 804-575, be deferred.
9.	Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Deletion of part of Footpath 130 Ramsbottom at Irwell Vale Addition of Footpath across Irwell Vale Bridge at Irwell Vale File No. 804-548b PDF 2 MB View item 9. as DOC 4 MB View the background to item 9. View the decision for item 9. Additional documents: Location plan Deletion of part of Footpath 130 Ramsbottom at Irwell Vale , item 9. PDF 3 MB Committee plan Deletion of part of Footpath 130 Ramsbottom at Irwell Vale , item 9. PDF 435 KB Minutes: A report was presented on the investigation into the deletion of part of Footpath 130 Ramsbottom at Irwell Vale from the Definitive Map and Statement in accordance with File No. 804-548b. Details of the investigation and the evidence related to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A'), were presented both as part of the report and by officers at the meeting. Having examined all of the information provided, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence that the Orders be made and one be promoted to confirmation but that the other one wait until an earlier Order be determined. Resolved: 1. That an Order be made pursuant to section 53 (2)(b) and Section 53 (3)(c)(iii) to delete from the Definitive Map and Statement of Public Rights of Way the footpath from a point on Footpath 130 Ramsbottom at grid reference SD 7923 2021 for a distance of approximately 30 metres to SD 7922 2024 in the River Irwell and shown between points A-B on the plan referred to in the report. 2. 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 to the Definitive Map and Statement of Public Rights of Way a footpath from a point on Footpath 130 Ramsbottom (SD 7923 2021) for a distance of approximately 30 metres north westerly across the surface of Irwell Vale Bridge (SD 7920 2023) and shown between points A-C on the plan referred to in the report. 3. That being satisfied that the tests for confirming said Order at 1 above could be satisfied, the said Order be promoted to confirmation. 4 The Officers await the outcome of the confirmation decision on the Order made to add a bridleway on the line A-C ("the Bridleway Order") and should the Bridleway Order not be confirmed such as a bridleway is not added to the Definitive Map and Statement between points A and C the Order at 2 above be promoted to confirmation. If the Bridleway Order is confirmed such as a bridleway is added to the Definitive Map and Statement between points A and C the Order at 2 above be processed for non-confirmation.
10.	Highways Act 1980 - Section 119A Rail Crossing Diversion Order Wildlife and Countryside Act 1981 - Section 53A Proposed Diversion of Part of Adlington Footpath 5, Chorley Borough. PDF 2 MB View item 10. as DOC 2 MB View the background to item 10. View the decision for item 10. Additional documents: Location Plan Section 119A Rail Crossing Diversion Order, Proposed Diversion of Part of Adlington Footpath 5, Chorley Borough , item 10. PDF 2 MB Committee Plan Section 119A Rail Crossing Diversion Order, Proposed Diversion of Part of Adlington Footpath 5, Chorley Borough , item 10. PDF 382 KB Minutes: A report was presented on an application that Lancashire County Council had received from Network Rail to divert part of Adlington Footpath 5, Chorley Borough, in connection with its proposal to replace the Bradshaw Fields level crossing with a stepped footbridge. The necessary consultations had been carried out and no objections or adverse comments on the proposal had been received. Having considered all the information set out in the report and presented at the meeting, it was agreed that an Order should be made but taking advice in Annex 'C' into account that the Authority take a neutral stance in respect to the confirmation. Resolved: 1. That an Order be made under Section 119A of the Highways Act 1980 to divert part of Adlington Footpath 5, from the route shown by a bold continuous line and marked A-B on the plan, to the route shown by a bold dashed line and marked A-C-D-B. 2. That in the event of no objections being received, the Order be confirmed and in the event of no 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. 3. 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.
11.	Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Proposed Diversion of Parts of Rimington Footpath 23, Ribble Valley Borough PDF 124 KB View item 11. as DOCX 143 KB View the background to item 11. View the decision for item 11. Additional documents: Location plan Proposed Diversion of Parts of Rimington Footpath 23, Ribble Valley Borough , item 11. PDF 2 MB Committee Plan Proposed Diversion of Parts of Rimington Footpath 23, Ribble Valley Borough , item 11. PDF 89 KB Minutes: A report was presented on the proposed diversion of parts of Rimington Footpath 23, Ribble Valley Borough. Lancashire County Council had received a request from the owners of Rimington Hall, Rimington Lane, Rimington, Clitheroe, BB7 4DP for an Order to be made under Section 119 of the Highways Act 1980 to divert parts of Rimington Footpath 23. The necessary consultations had been carried out and no objections or adverse comments had been received. Having considered all of the information set out in the report and presented at the meeting, it was agreed that an Order should be made but taking advice in Annex 'C' into account that the Authority took a neutral stance with respect to confirmation. Resolved: 1. That an Order be made under Section 119 of the Highways Act 1980 to divert parts of Rimington Footpath 23, from the routes shown by bold continuous lines and marked A-B and C-D-E-F to the routes shown by bold dashed lines marked A-G and H-J-K-F on the plan. 2. 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. 3. That the 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.
12.	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 Chairman 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.
13.	Date of Next Meeting The next scheduled meeting will be held at 10.30am on Wednesday 16^th November in Cabinet Room 'B' - the Diamond Jubilee Room at County Hall, Preston. Minutes: It was noted that the next meeting of the Committee will be held at 10:30am on the Wednesday 16^th November 2016 in Cabinet Room 'B' – The Diamond Jubilee Room at County Hall, Preston.