Agenda and minutes

Apologies were received from County Councillor Bernard Dawson, County Councillor Julie Gibson and County Councillor Paul White.

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.

Resolved: That the minutes of the meeting held on 28^th September 2016 be confirmed and signed by the Chair.

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 for Members of the Committee on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way, the law and actions taken by the authority in respect of certain Orders to be made under the Highways Act 1980, and the actions of the Authority 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.

A report was presented on an application for the addition of a public bridleway and upgrading of parts of Public Footpaths 8 and 23 Wiswell, Ribble Valley from Clerk Hill Road to Moor Road, Wiswell, in accordance with File No. 804-565.

Details of the application 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 there was sufficient evidence that the route ought to be shown as a highway of a different description and the claim should be accepted as a restricted byway, as opposed to only a bridleway, as the evidence suggested, on balance, that the route had higher public status.

Resolved:

(i)  That the application for the addition and upgrade to public bridleway, in accordance with File No. 804-565, be accepted as a restricted byway as opposed to a bridleway.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (c)(i) and (ii) of the Wildlife and Countryside Act 1981 to add a restricted byway and upgrade parts of Public Footpaths 8 & 23 Wiswell, Ribble Valley to restricted byway from Clerk Hill Road to Moor Road, Wiswell on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-F-G-H-I-J-K.

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

A report was presented on the deletion of part of a Public Footpath 4 Rawtenstall and addition of a public footpath from Footpath 94 Rawtenstall to a point on Public Footpath 4 Rawtenstall, Rossendale Borough in accordance with File Nos. 804-576 and 804-577.

Details of the application 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 there was sufficient evidence for an Order to be made to add the route  A-D, as shown in the papers, to the Definitive Map as being already a footpath in law, and that there was sufficient evidence to delete X-Y from the map by way of an Order.

Resolved:

(i)  That the application to delete part of Public Footpath 4 Rawtenstall from a point at the junction with Public Footpath Nos. 1 and 94 Rawtenstall to a point at the junction with Public Footpath 9 Rawtenstall, in accordance with File No. 804-576, be accepted.

(ii)  That the application to add a public footpath from a point on Public Footpath 94 Rawtenstall to a point on Public Footpath 4 Rawtenstall, Rossendale Borough, in accordance with File No. 804 -577 , be accepted.

(iii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to delete from the Definitive Map and Statement of Public Rights of Way part of Public Footpath No. 4 Rawtenstall from the junction of Public Footpath Nos. 1 and Nos. 94 Rawtenstall to a point on Public Footpath No. 4 Rawtenstall at the junction with Public Footpath No. 9 Rawtenstall, shown between points X-Y on the Committee plan.

(iv)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way a public footpath from a point on Public Footpath No.94 Rawtenstall to a point of Public Footpath 4 Rawtenstall as shown on the Committee Plan between points A-B-C-D.

(v)  That being satisfied that the relevant tests for confirmation can be met the Orders be promoted to confirmation.

A report was presented on an application for the proposed diversion of part of Scarisbrick Footpath 6, West Lancashire Borough.

The Committee noted that a request had been received from the owner of Hooton's Farm, 95 Jacksmere Lane, Scarisbrick, L40 9RT, for an Order to be made under Section 119 of the Highways Act 1980 to divert part of Scarisbrick Footpath 6.

The footpath proposed to be diverted ran along a driveway to Hooton's Farm and around the curtilage of the property.  The proposed diversion would move the footpath to the south of the small field and the garden, providing the applicant with improved privacy and security.

The Committee noted that the necessary consultation with the statutory undertakers had been carried out and no adverse comments on the proposal had been received apart from National Grid and Electricity North West.

National Grid had originally objected on the grounds that it had apparatus in the vicinity of the proposed diversion but it subsequently withdrew its objection on the grounds that its apparatus would be unaffected.

Electricity North West had commented that the proposals could have had an impact on its infrastructure as there was a high voltage overhead line which crossed the route of the proposed footpath between points E and F.  In addition, there was an underground electricity cable on the line of the path to be diverted from point A to B.

An email had been sent to Electricity North West on behalf of the County Council to clarify that no works were planned on the line of the proposed diversion, and to explain that the diversion would simply introduce a right for

pedestrians to walk beneath the overhead line.  Electricity North West had responded to say they had no objection in principle to the diversion going ahead, but advised that there was an underground cable within the footpath to be diverted.  The Committee were therefore advised that a clause be included in the proposed Order which would give Electricity North West the same rights in the existing footpath (Section A-B) after the Diversion Order had come into operation as it had before.

The Committee noted that there had been no other objections or adverse comments on the proposals.

Having considered all the information set out in the report and presented at the meeting, it was agreed that an Order should be made, taking advice in Annex 'C' into account that the Authority take a neutral stance in respect of the confirmation.

Resolved:

(i)  That an Order be made under Section 119 of the Highways Act 1980 to divert part of Scarisbrick Footpath 6, from the route shown by a bold continuous line and marked A-B-C-D to the route shown by a bold dashed line marked E-F-D on the 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  ...  view the full minutes text for item 7.

There were no items of Urgent Business.

The next scheduled meeting will be held at 10.30am on Wednesday 25^th January 2017 in Cabinet Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.30am on Wednesday 25^th January 2017 in Cabinet Room B – The Diamond Jubilee Room, County Hall, Preston.