Agenda and minutes

Regulatory Committee - Wednesday, 21st February, 2024 10.30 am

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

Contact: Joanne Mansfield 


No. Item




There were no apologies for absence.


Temporary replacements


County Councillor Woollam replaced County Councillor Burrows.


County Councillor Clarke replaced County Councillor Kay.


County Councillor Hind replaced County Councillor Hosker.




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.


No pecuniary or non-pecuniary interests were disclosed.


Minutes of the last Meeting held on 24 January 2024

The minutes of the last meeting held on 24 January 2024 will be included in the agenda for the next scheduled meeting to be held on 27 March 2024.


It was noted that the minutes of the last meeting held on 24 January 2024 would be included in the agenda for the next scheduled meeting to be held on 27 March 2024.



Guidance pdf icon PDF 118 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:


It was reported that, although the usual Guidance had been included in the Agenda papers, Annexes 'A', 'B' and 'C' did not need to be referred to at this meeting.


Instead, Sections 25 and 29 of the Highways Act 1980 had been circulated to Committee Members (copy attached) to assist in their consideration of the Old Tram Bridge report.


Highways Act 1980 – Section 25 Proposed Public Path Dedication Agreement to create a Bridleway over The Old Tram Bridge, Avenham Park, Preston pdf icon PDF 149 KB

Additional documents:


A report was presented on the proposed creation by agreement of a publicly maintainable bridleway across the Old Tram Bridge and any replacement bridge on the same line providing access to and from Avenham Park, Preston.The length to be dedicated as bridleway was shown on the Committee plan attached to the agenda papers between points U-V-W-X-Y.


It was reported that Old Tram Bridge (the Bridge) was owned by Preston City Council, having been acquired by its predecessor, Preston Corporation on 17 July 1872, when Avenham Park and Miller Park were being completed. The Bridge was currently unsafe and required demolition and replacement. It was temporarily closed by virtue of a temporary traffic regulation order.


Preston City Council had obtained funding for a scheme to deliver the demolition of the Bridge and the construction of its replacement on the same line, although at a higher level. Both Lancashire County Council and Preston City Council were keen to secure that outcome. The funding provided was allocated on the basis that the scheme did not require a Compulsory Purchase Order and access to carry out the work also relied on the county council having a power to maintain the bridleway. It was therefore proposed to enter into a public path creation agreement under Section 25 Highways Act 1980 for a new bridleway maintainable at public expense, which would formalise the public rights and maintainability of the surface.


By entering into an agreement, this would impose a statutory duty of maintenance on Lancashire County Council in relation to the surface of the bridleway carried by the present Bridge and its replacement. The main terms of this agreement were set out in the Committee report and Committee noted the right for the owner to raise the level of the highway, albeit the structure itself would remain in the ownership and responsibility of Preston City Council.


A draft agreement was being considered by Lancashire County Council and Preston City Council which dealt with all the main terms, and was only intended to be completed once funding was confirmed, and other agreements were also able to be completed. Preston City Council had confirmed that they were content with the main terms of the agreement and would work to finalise the wording.


The officer answered questions from Committee.




(i)  That the proposal to dedicate a bridleway over the Old Tram Bridge and any replacement bridge on the same line crossing the River Ribble along the approach ramp at the north end of the bridge to bottom of the ramp on the south end and down the slope towards the river, as shown on the plan attached as U-Y, be accepted on the main terms as set out in the report.


(ii)  That the Director of Environment and Planning be authorised to finalise and enter into a Public Path Creation Agreement under Section 25 of the Highways Act 1980 between Preston City Council, as the owner of the Old Tram Bridge and its replacement, and Lancashire County  ...  view the full minutes text for item 5.


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.


There were no items of Urgent Business.



Date of Next Meeting

The next scheduled meeting will be held at 10.30am on Wednesday 27 March 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 27th March 2024 in Committee Room B - The Diamond Jubilee Room, County Hall, Preston.