Agenda item

Highways Act 1980 - Sections 119, 118 and 25 Wildlife and Countryside Act 1981 - Section 53A Proposed Diversion, Extinguishment and Dedication of Public Paths at Height Barn Farm, Bacup

Minutes:

A report was presented on the proposed diversion, extinguishment and creation by agreement of bridleways and footpaths at and around Height Barn Farm, Bacup, as shown on the Committee plans 211-764 v1 and 211-769 v2 attached to the agenda papers.

 

The consultation with the statutory undertakers 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, security and safety. Height Barn Farm was a working farm. Currently the public bridleway and footpath ran on the access road to the farm and through the centre of the farm.

 

The diverted route would start at the same point but pass through the pasture to the north of Height Barn Lane then through Moorlands Park to join Stubbylee Lane, removing it from the vicinity of the farm and residential property. This would significantly increase the privacy, security and safety of the farm, whilst providing a route that was safe, convenient and as direct for public use.

 

The officer answered questions from Committee.

 

After a discussion, it was:

 

Resolved:

 

(i)  That Order(s) are made under the Highways Act 1980 to alter some public paths at Height Barn Farm as follows:

 

a.  Under section 119: To divert bridleway BW1401503, BW1401493, BW1401678, BW1401492 (part) from the route shown by a bold continuous line and marked A-D-B-E-F-C to the route shown by a bold broken line and marked A-G on the map.

  b.  Under section 118: To extinguish footpath FP1401493 shown   as a bold continuous line and marked D-E on the map.

 

(ii)  That s.25 Highways Act 1980 Public Path creation agreements are entered into with the landowners to create:

 

a.  the section marked F-C shown as a bold continuous line on the map 211-764 v1, as footpath.

b.  the section A-X-Y-Z-P shown as a bold red line on the map 211-769 v2, as bridleway.

 

(iii)  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event of no objections being received, the Order(s) be confirmed and in the event of objections being received and not withdrawn, the Order(s) be sent to the Secretary of State for the Environment, Food and Rural Affairs and the Authority take a neutral stance with respect to its confirmation.

 

(iv)  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 the owners of the land east of Height Barn Lane and Lancashire County Council with completion at a time and to include wording in accordance with the main terms as set out in the report to dedicate a length of bridleway marked by a bold continuous red line on the map 211-769 v2 and annotated A-X-Y-Z-P.

 

(v)  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 coming into operation of the Order(s).

 

Supporting documents: