Regulatory Committee
Meeting to be held on 24 July 2013
Electoral Division affected:
Great Harwood
Highways Act 1980 – Section 119 and 118.
Wildlife and Countryside Act 1981 – Section 53A.
Proposed Diversion of Parts of Great Harwood Footpaths 72 and 78 and
Extinguishment of Great Harwood Footpath 73 and Part of Great Harwood
Footpath 78, Hyndburn Borough.
(Annex 'B' refers)
Contact for further information: Mrs R Paulson, 01772 532459, Environment
Directorate ros.paulson@lancashire.gov.uk
Executive Summary
The proposed diversion of parts of Great Harwood Footpaths 72 and 78 and
extinguishment of Great Harwood Footpath 73 and part of Great Harwood Footpath
78, Hyndburn Borough.
Recommendation
1.
That an Order be made under Section 119 of the Highways Act 1980 to
divert part of Great Harwood Footpaths 72 and 78, from the route shown by
a bold continuous line and marked A-B-C, to the route shown by a bold
dashed line and marked A-D-E on the attached plan.
2.
That an Order be made under Section 118 of the Highways Act 1980 to
extinguish Great Harwood Footpath 73 and part of Great Harwood Footpath
78, from the routes shown by bold continuous lines and marked G-H and BF on the attached plan.
3.
That in the event of no objections being received, the Orders be confirmed
and in the event of objections being received and not withdrawn, the Orders
be sent to the Secretary of State and promoted to confirmation if necessary
at a public inquiry.
4.
That provision be included in the Orders such that they are 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 and extinguishment.
Background
A request has been received from Mr K Yates and Mrs A Yates, Belmont Farm,
Clinkham Road, Blackburn, Lancashire, BB6 7UY for Orders to be made under
Section 119 and 118 of the Highways Act 1980 to divert parts of Great Harwood
Footpaths 72 and 78 and extinguish Great Harwood Footpath 73 and part of Great
Harwood Footpath 78, Hyndburn Borough.
The length of the existing path proposed to be diverted is shown by a bold
continuous line and marked A-B-C and the proposed alternative route is shown by a
bold dashed line and marked A-D-E on the plan. The proposed lengths of footpath to
be extinguished are shown by bold continuous lines and marked G-H and B-F on the
plan.
The buildings at Belmont Farm are no longer used for the purpose of farming and
they have been renovated for the sole use of residential properties, associated
garages, out buildings and garden areas. The land to the south-west of the dwellings
is used for storage of materials and machinery and the fields adjacent to the site are
used for cattle and sheep grazing.
One of the footpaths passes very close to the front windows and doors of the
residential properties. Therefore the landowners have concerns about privacy and
security for residents and also for the potential for conflict between the public and
vehicles being manoeuvred around the site.
The diversion would provide a route that is safe and convenient for public use and
that alteration, coupled with the extinguishment of the remaining length of Great
Harwood Footpath 78 would lead to an improvement in the privacy, security and
safety on the site.
Consultations
The necessary consultation with the Statutory Undertakers has been carried out and
no adverse comments on the proposal have been received. Hyndburn Borough
Council and Great Harwood Parish Council have been consulted and have raised no
objection to the proposal.
The Peak and Northern Footpaths Society, the Ramblers' Association and the British
Horse Society have been consulted and have no objection to the proposal.
Advice
Points annotated on the plan
Point
A
Grid Ref
SD 7237 3213
Description
Point in the field, approximately 60 metres south-east of
the junction of Great Harwood Footpaths 72 and 78.
B
SD 7233 3217
Junction of Great Harwood Footpaths 72 and 78.
C
SD 7235 3222
Junction of Great Harwood Footpaths 74,75 & 78.
D
SD 7240 3220
Point in the field 55 metres east-south-east of point C.
E
SD 7236 3223
Point on the southern edge of Great Harwood Footpath
74, located 5 metres to the north-east of point C.
Point
F
Grid Ref
SD 7219 3203
Description
Junction of Great Harwood Footpaths 77 and 78.
G
SD 7239 3211
Junction of Great Harwood Footpaths 72 and 73.
H
SD 7237 3204
Junction of Great Harwood Footpaths 70 and 73.
Description of existing footpath to be diverted
(All lengths and compass directions are approximate).
That part of Great Harwood Footpath 72 from point A, running north-west for 60
metres as a cross-field footpath, ascending a grassed banking and across a stone
surfaced parking area to point B. The route continues as Great Harwood Footpath 78
on the stone surfaced access track north-north-east for 60 metres to point C. Shown
by a bold continuous line on the Order Map and marked A-B-C, a total distance of
120 metres.
Description of new footpath
(All lengths and compass directions are approximate).
From point A running generally north-north-east for 80 metres as a cross-field
footpath to point D. The route continues generally north-west for 50 metres as a
cross-field footpath, then generally south-west for 15 metres running up a grassed
surfaced earth ramp then passing through a gate in the stone wall at point E. Shown
by a bold dashed line on the Order Map and marked A-D-E, a total distance of 145
metres.
It is proposed that the path to be created by the proposed Order will have a width of
2 metres and will be subject to the following limitations or conditions:
Limitations and Conditions
Position on path to which limitations
and conditions apply
The right of the owner of the soil to SD 7236 3223 (point E).
erect and maintain a two way opening
gate that conforms to BS5709:2006
Description of existing footpaths to be extinguished
(All lengths and compass directions are approximate).
a) Great Harwood Footpath 73 from point G, running south-west for 75 metres as a
cross-field footpath to point H. Shown by a bold continuous line on the attached plan
and marked G-H, a total distance of 75 metres.
b) That part of Great Harwood Footpath 78 from point B, running generally southwest for 190 metres to point F. Shown by a bold continuous line on the attached plan
and marked B-F, a total distance of 190 metres.
Variation to the particulars of the path recorded on the Definitive Statement
If this application is approved by the Regulatory Committee, the Executive Director
for the Environment suggests that the Order should also specify that the Definitive
Statement for
a) Great Harwood Footpath 72 to be amended to read as follows:
The 'Position' column to read: "Path from first F.G on path 71 turns right to
SD 7237 3213 then runs generally north-north-east for 80 metres to SD 7240 3220.
The route continues generally north-west for 50 metres, then generally south-west
for 15 metres, then passing through a gate to Great Harwood Footpath 74 at
SD 7236 3223. (All lengths and compass directions given are approximate.)"
The 'length' column be amended to read: "0.23 km"
The 'other particulars' column be amended to read "The width of the section of
footpath between SD 7237 3213 and SD 7236 3223 is 2 metres. The only limitation
on the section of footpath between SD 7237 3213 and SD 7236 3223 is a two way
opening gate which conforms to BS5709:2006 at SD 7236 3223"
b) Great Harwood Footpath 73 to be deleted.
c) Great Harwood Footpath 78 to be deleted.
Criteria satisfied to make and confirm the diversion Order
The proposed diversion is felt to be in the interests of the owners of the land in that,
if the Orders are successful, it would improve the privacy for residents and safety on
site. Great Harwood Footpath 78 currently passes close to the parking area at the
house and through the yard that is used for the storage of heavy plant and
machinery that could present a risk to users of the path when it is being manoeuvred
around the yard.
In addition, security at the property is a particular concern to the residents of Belmont
Farm who have experienced a number of thefts in recent years and have been
disturbed by groups of youths hanging about, close to the dwellings. Whilst the
applicants have no objection to the public using the footpaths across their land and
are keen to carry out improvement works to several other paths, they would like to
remove in particular Great Harwood Footpath 78 to enable them to secure the
houses, gardens, driveway and the yard.
The proposed diversion will alter the points of termination of Great Harwood
Footpath 72 (point B) and place it nearby on a connected highway, Great Harwood
Footpath 74 (point E). It is therefore suggested that the proposed termination point is
substantially as convenient to the public.
It is felt that the path or way will not be substantially less convenient to the public in
consequence of the diversion because the alternative route has a similar overall
length and lesser gradient to the existing route.
It is felt that, if the Order was to be confirmed, there would be no adverse effect with
respect to the public enjoyment of the paths or ways as a whole. It is suggested that
many users might find a walk on the new route to be more enjoyable, because it will
be a pleasant rural footpath with fine views of the surrounding countryside rather
than passing close to the dwellings, parking area and access track. As such, some
users of the paths may feel more comfortable and at ease.
It is felt that there would be no adverse effect on the land served by the existing
route or the land over which the new path is to be created, together with any land
held with it.
The Committee is advised that so much of the Order as extinguishes part of Great
Harwood Footpaths 78 and 72, is not to come into force until the County Council has
certified that the necessary work to the alternative route has been carried out.
Criteria satisfied to make and confirm the Extinguishment Order
Should Committee agree that the proposed Order be made and, subsequently,
should no objections be received, or should the proposed Order be submitted to the
Secretary of State for Environment, Food and Rural Affairs for confirmation, it is felt
that it is expedient to extinguish Great Harwood Footpath 73 and the part of Great
Harwood Footpath 78 that is not affected by the Diversion Order, having regard to
the extent that the path would be likely to be used by the public and the extent to
which the extinguishment would have as respects land served by the path.
It is advised that the proposed Order meets the criteria for an extinguishment Order
to be made under section 118 of the Highways Act 1980, i.e. that it is expedient that
Great Harwood Footpath 73 and the section of Great Harwood Footpath 78 that is
not affected by the Diversion Order should be stopped up on the grounds they are
not needed for public use.
In considering that it is expedient to extinguish the routes G-H and B-F, whether they
are needed for public use and the extent to which they are likely to be used, it is
advised that regard may be taken with respect to route to be provided by the
Diversion Order, as a concurrent proposal.
If the Diversion Order is successful, this section of Great Harwood Footpath 78
would become a cul-de-sac path on the Definitive Map and Statement not ending at
a place of public resort.
With regards to the extinguishment of Great Harwood Footpath 73, Belmont Farm is
well served by public footpaths and Great Harwood Footpath 73 can be considered
to be not needed for public use when consideration is given to the availability of
alternative paths that could be walked to cross the site. In particular, due to the close
proximity of Great Harwood Footpath 72, as the southern termination point is located
only 70 metres from the junction of Great Harwood Footpaths 70 and 72.
The proposal, if successful would necessitate that Great Harwood Footpath 72 would
be used if travelling in a north/south direction, rather than Great Harwood Footpath
73. If travelling in a westerly direction from the housing estate to the east of Belmont
Farm Great Harwood Footpath 73 is unlikely to be used as it would be less
convenient. Anyone heading west on a longer walk would be likely to use Great
Harwood Footpath 77, or on the footpaths to the south or west and it is suggested
that they would be unlikely to want to use H-G or F-B.
The use of these footpaths is envisaged to be solely for recreational purposes, and
therefore any increased distance required to be walked would not be considered to
be a detriment to any users of the footpath network.
The County Council are not aware that the footpaths proposed to be extinguished
are used as access to land.
Both Orders
Should the Committee agree that the proposed Orders be made and, subsequently,
should no objections be received to the making of the proposed Orders, or should
the proposed Orders be submitted to the Secretary of State for Environment, Food
and Rural Affairs for confirmation, it is considered that the criteria for confirming the
Orders can be satisfied.
There is no apparatus belonging to or used by Statutory Undertakers under, in,
upon, over, along or across the land crossed by the present definitive routes, or they
have given their consent.
It is advised that the effect of the proposed Orders, if confirmed, will not have any
adverse effect on the needs of agriculture and forestry and desirability of conserving
flora, fauna and geological and physiographical features. The extinguishment of part
of Great Harwood Footpath 78 will be an advantage to the agricultural operations. It
is also suggested that the proposal will not have an adverse effect on the biodiversity
or natural beauty of the area.
The applicants own the land crossed by the sections of footpath proposed to be
diverted, extinguished and also in respect to the proposed alternative route.
The applicants have agreed to defray any compensation payable and to bear all
advertising and administrative charges incurred by the County Council in the Order
making procedures, and also to provide an alternative route to the satisfaction of the
County Council.
It is advised that the needs of the disabled have been actively considered and as
such, the proposal is compatible with the duty of the County Council, as a highway
authority, under The Equality Act 2010 – formerly the Disability Discrimination Act
1995 (DDA). The alternative route will be of adequate width and the gate that is
proposed to be installed on the route will conform to the British Standard for gaps,
gates and stiles BS5709:2006.
Further, it is also advised that the effect of the Orders is compatible with the material
provisions of the County Council’s Rights of Way Improvement Plan, in particular the
theme Reduced Mobility and Visually Impaired (RMVI) as it provides a more
convenient north/south link that avoids the need to negotiate the storage yard and
car parking area that may present a risk due to the vehicle movements. In addition,
BS5709:2006 has been applied to the alternative route and the least restrictive
option of a gate has been selected, reducing the limiting effect of structures.
It is considered that, having regard to the above, it would be expedient to confirm the
Orders.
Risk Management
Consideration has been given to the risk management implications associated with
this proposal. The Committee is advised that, provided the decision is taken in
accordance with the advice and guidance contained in Annex 'B' (item 5) included in
the Agenda papers, and is based upon relevant information contained in the report,
there are no significant risks associated with the decision-making process.
Alternative options to be considered
To not agree that the Orders be made.
To agree the Orders be made but not yet be satisfied regarding the criteria for
confirmation and request a further report at a later date.
To agree that the Orders be made and promoted to confirmation according to the
recommendation.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
File Ref: PRW-11-04-72
Date
Contact/Directorate/Ext
Mrs Ros Paulson
Environment Directorate,
01772 533478