Regulatory Committee
Meeting to be held on 7 September 2011
Electoral Division affected:
Rossendale East
Highways Act 1980 - Section 118 and 119
Wildlife and Countryside Act 1981 - Section 53A
Proposed Diversion of Parts of Public Footpath No. 113 Bacup and Public
Footpath Nos. 327 and 328 Rawtenstall
Proposed Extinguishment of Public Footpath 114 and 115 Bacup and part of
Public Footpath Nos. 218, 230 and 326 Rawtenstall, Rossendale Borough
(Annex 'B' refers)
Contact for further information:
Mr S D Williams, 01772 533886, Environment Directorate
stephen.williams@lancashire.gov.uk
Executive Summary
The proposed diversion of parts of Public Footpath No. 113 Bacup and Public
Footpath Nos. 327 and 328 Rawtenstall and proposed extinguishment of Public
Footpath No. 114 and 115 Bacup and part of Public Footpath Nos. 218, 230 and
326 Rawtenstall, Rossendale Borough.
Recommendation
i.
That subject to the satisfactory responses to the consultations with Statutory
undertakers being received, an Order be made under Section 119 of the
Highways Act 1980 and Section 53 (3) (a) (i) of the Wildlife and Countryside
Act 1981 to divert parts of Public Footpath No. 113 Bacup and Public
Footpath Nos. 327 and 328 Rawtenstall, from the routes shown by bold solid
lines and marked A - B and B - D and F – C on the attached plan, to the
routes shown by bold dashed lines and marked A – D and D – E – G and F G on the plan.
ii.
That subject to the satisfactory responses to the consultations with statutory
undertakers being received, an Order be made under Section 118 of the
Highways Act 1980 and Section 53 (3) (a) (i) of the Wildlife and Countryside
Act 1981 to extinguish Public Footpath Nos. 114 and 115 Bacup and part of
Public Footpath Nos. 218, 230 and 326 Rawtenstall shown by the attached
plan by bold black lines and marked B – C and C – G and K – H and M – B.
iii.
That in the event of no objections being received, the Orders be confirmed
and in the event of objections being received the Orders be sent to the
Secretary of State and promoted to confirmation if necessary at a public
inquiry.
Continued...
iv.
That provisions 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 or extinguishment.
Background
A request has been received from Mr Lyons, Hey Meadow Farm, Coal Pit Lane,
Waterfoot, Rossendale, BB4 9SB for an Order to be made under Sections 118 and
119 of the Highways Act 1980 for the diversion of parts of Public Footpath No. 113
Bacup and Public Footpath Nos. 327 and 328 Rawtenstall and the extinguishment of
Public Footpath No. 114 and 115 Bacup and part of Public Footpath Nos. 218, 230
and 326 Rawtenstall, Rossendale Borough, in the vicinity of Hey Meadow Farm. The
lengths of the existing paths proposed to be diverted are shown by bold solid lines
and marked A – B and B – D and F – C on the attached plan, to the routes shown by
bold dashed lines and marked A – D and D – E and F – G. The lengths proposed to
be extinguished are shown by bold solid lines and marked B – C and C – G and K –
H and M - B on the plan.
Consultations
The necessary consultation with the statutory undertakers has been carried out and
no adverse comments on the proposal have been received. Rossendale Borough
Council has been consulted and no adverse comments have been received. The
Ramblers' Association and Peak and Northern Footpath Society have been
consulted and have no objection to the proposal. An objection was received from the
Forest of Rossendale Bridleways Association but this has since been withdrawn.
Advice
Points annotated on plan
Point
Grid
Reference
Description
A
SD 8470 2342
Point to the north of junction with Public Footpath No.
223 Rawtenstall and Public Footpath No.113 Bacup
B
SD 8468 2355
Junction of Public Footpath No. 328 Rawtenstall and
Public Footpath Nos. 113, 114 and 115 Bacup
C
SD 8468 2363
Junction of Public Footpath No. 115 Bacup and Nos.
327 and 230 Rawtenstall
D
SD 8465 2356
Point on Public Footpath No. 328 Rawtenstall
approximately 30 metres south-east of its junction with
Public Footpath No. 218 Rawtenstall
E
SD 8467 2356
Point on access track to Hey Meadow just north of the
curtilage of Hey Meadow
Point
Grid
Reference
Description
F
SD 8471 2371
Point approximately 4 metres south of junction of Public
Footpath No. 327 Rawtenstall and Public Footpath No.
114 Bacup with Coal Pit Lane
G
SD 8467 2363
Point at which Public Footpath No. 230 Rawtenstall
crosses access track
H
SD 8466 2364
K
SD 8462 2358
M
SD 8472 2372
Junction of Public Footpath Nos. 230 and 218
Rawtenstall at top of steep ravine
Junction of Public Footpath Nos. 218 and 328
Rawtenstall adjacent to field gate
Point at which Public Footpath No. 326 Rawtenstall
leaves the south side of Coal Pit Lane close to the
junction with Public Footpath No. 327 and 326
Rawtenstall
Description of length of Public Footpath No. 113 Bacup, to be diverted (A - B)
and the alternative route (A - D)
The length of Public Footpath No. 113 Bacup proposed to be diverted commences at
point A and runs in a generally northerly direction for a distance of 135 metres to
point B. The total length of the route proposed to be diverted is 135 metres.
The proposed alternative route commences at point A and runs across an open field
in a north-north-west direction and turns north to continue to point D. The total length
of the proposed alternative route is 160 metres.
Description of length of Public Footpath No. 328 Rawtenstall (B – D), to be
diverted and the alternative route (D – E – G)
The length of Public Footpath No. 328 Rawtenstall to be diverted commences at
point B and runs in a westerly direction for a distance of 15 metres before running
west-north-west to point D, a total distance of 40 metres.
The proposed alternative route commences at point D and passes northwards
through a field boundary to immediately turn south-east to continue 28 metres to
reach an access track at point E. At point E the proposed alternative route turns
north to continue along the access track for a distance of 77 metres to point G.
Immediately to the south of point G the proposed alternative route passes over a
culvert crossing on the access track. The total length of the proposed alternative
route is 105 metres.
Description of length of Public Footpath No. 327 Rawtenstall (F – C), to be
diverted and the alternative route (F – G)
The length of Public Footpath No. 327 Rawtenstall to be diverted commences at
point F and passes over rough ground on a steep slope in a south-south-west
direction for a distance of 87 metres to point C.
The proposed alternative route commences at point F and continues down the
stoned access track in a south-south-west direction to point G, a total distance of 88
metres.
Description of length of Public Footpath No. 115 Bacup, to be extinguished (B
– C)
The length of Public Footpath No. 115 Bacup proposed to be extinguished
commences at point B and continues in a northerly direction to point C, a total
distance of 80 metres. The path is not visible on the ground and continues along the
side of a deep densely vegetated ditch.
Description of length of Public Footpath No. 230 Rawtenstall, to be
extinguished (C – G)
From point C the length of Public Footpath No. 230 Rawtenstall proposed to be
extinguished climbs out of a gully in a north-westerly direction for a distance of 6
metres to the access track at point G.
Description of length of Public Footpath No. 218 Rawtenstall, to be
extinguished (K – H)
From point K the length of Public Footpath No. 218 Rawtenstall proposed to be
extinguished passes alongside the boundary of an open field in a north-easterly
direction for a total distance of 75 metres to point H. Approximately 20 metres southwest of point H, Public Footpath No. 218 passes into a steep ravine with a waterfall
at the bottom. This section of the path is inaccessible on foot.
Description of length of Public Footpath Nos. 114 Bacup and 326 Rawtenstall,
to be extinguished (B - M)
From point B the length of Public Footpath No. 114 Bacup proposed to be
extinguished passes across the gully in an easterly direction towards Higher Bridge
Clough Farm, turning north across rough grass to Higher Bridge Clough House then
following the access track to the north-east then north-north-west (becoming No. 326
Rawtenstall at the former Borough boundary) to Coal Pit Lane at point M. The total
distance is 220 metres.
It is proposed that the public footpaths to be created by the proposed order will be 2
metres wide and subject to the following limitations and conditions:
Limitations and conditions
Position on path to which limitations
and conditions apply
The right of the owner of the soil to Grid reference SD 8470 4369 (25
erect and maintain a pedestrian gate metres south-south-west of point F)
that conforms to BS 5709:2006.
The right of the owner of the soil to Grid reference SD 8464 2356 (north of
erect and maintain a pedestrian gate point D)
that conforms to BS 5709:2006.
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) Public Footpath No. 113 Bacup be amended to read as follows: "Begins at
Junction of 6 and 112, proceeds in a northerly direction, passing through a
stile and field gate after approx. 50 yards, to SD 8470 2342 and continues in a
north-westerly direction for a distance of 3 metres to the Bacup/Rawtenstall
boundary at SD 8470 2342. (All lengths and compass directions given are
approximate.)
Width: The section of footpath between SD 8470 2342 and the
Bacup/Rawtenstall boundary, is 2 metres wide.
Limitations and Conditions: None between SD 8470 2342 and the
Bacup/Rawtenstall boundary."
The length column be amended to read: "0.05 km"
b) Public Footpath No. 376 Rossendale be added to read as follows:
"Commences at Bacup/Rossendale boundary at SD 8470 2342 as a
continuation of No.113 Bacup, continues across an open field in a north-northwest direction for a distance of 97 metres and turns to run a distance of 60
metres in a northerly direction to SD 8465 2356. From SD 8470 2342 to SD
8465 2355 Public Footpath No. 113 passes over a grass surface. (All lengths
and compass directions given are approximate.)
Width: 2 metres.
Limitations and Conditions: None."
To the length column the following be added: "0.16 km"
c) Public Footpath No. 114 Bacup be deleted.
d) Public Footpath No. 115 Bacup be deleted.
e) Public Footpath No. 326 Rawtenstall be amended to read as follows: "From
F.P. No.165 in an S.E. direction to junction with No. 327 Rawtenstall at Coal
Pit Lane at SD 8472 2372."
The length column entry be amended to read: "0.31 km"
f) Public Footpath No. 230 Rawtenstall be amended to read as follows: "From
Green Lowe S.E. across B.R. No. 212 to junction with Nos.327 and 328 at
SD 8467 2363."
The length column entry be amended to read: "0.33 km"
g) Public Footpath No. 328 Rawtenstall be amended to read as follows: "From
F.P. No.218 N. of Bridge Clough in a S.E. direction to SD 8465 2356 at a
junction with a Public Footpath No. 376 Rawtenstall, turning north through a
pedestrian gate then over a grassed surface in a south-easterly direction to
SD 8467 2356 at a stoned access track, a distance of 28 metres from SD
8465 2356. Public Footpath No. 328 Rawtenstall turns north along the stoned
track for 77 metres passing over a culvert to reach SD 8467 2363 at a junction
with Public Footpath No. 327 Rawtenstall. (All lengths and compass directions
given are approximate.)
Width: (between SD 8465 2356 and SD 8467 2363) 2 metres.
Limitations and Conditions: (between SD 8465 2356 and SD 8465 2363)
Pedestrian gate that conforms to BS 5709:2006 at SD 8465 2356."
The length column entry be amended to read: "0.14 km"
h) Public Footpath No. 218 Rawtenstall be amended to read as follows: "East
end of Ashworth Lane via Acre Hill, Wholaw Tongue, Bridge Clough to
junction with No. 328 at SD 8462 2358."
The length column be amended to read: "1.00 km"
i) Public Footpath No. 327 Rawtenstall be amended to read as follows: "From
F.P. No.326 in a S.W. direction to SD 8471 2371 then south-south-west along
a stoned track, through a pedestrian gate continuing along the stoned track in
a south-south-west direction to SD 8467 2363 at a junction with Public
Footpath Nos. 328 and 230 Rawtenstall. (All lengths and compass directions
given are approximate.)
Width: the section of footpath between SD 8471 2371 to SD 8467 2363 is 2
metres wide.
Limitations and Conditions: Between SD 8471 2371 to SD 8467 2363 the right
of the owner of the soil to erect and maintain a pedestrian gate that conforms
to BS 5709:2006 at SD 8470 2369."
The length column be amended to read: "0.09 km"
Criteria satisfied to make and confirm the Diversion Order
The proposed diversion of Public Footpath No. 113 Bacup and No. 328 Rawtenstall
is felt to be expedient in the interests of the owner of the land in that, if the proposal
is successful, it will remove lengths of public footpath away from the house,
outbuildings, garden and parking area at Hey Meadow, providing the owners of the
property with an improvement in privacy and security. The proposed diversion of
Public Footpath No. 327 Rawtenstall is felt to be expedient in the interests of the
public in that, if the proposal is successful, it will remove the length of footpath from a
difficult route in a steep gully and place it on a good track.
The proposed diversion will alter one of the points of termination of Public Footpath
No. 113 Bacup and place it at another point on Public Footpath No. 328 Rawtenstall,
being the same highway or a highway connected and it is suggested that the
proposed termination point is substantially as convenient to the public.
The proposed diversion will alter one of the points of termination of Public Footpath
No. 327 Rawtenstall and place it at another point on Public Footpath No. 230
Rawtenstall, being the same highway or a highway connected and it is suggested
that the proposed termination point is substantially as convenient to the public.
The proposed diversion will alter one of the points of termination of Public Footpath
No. 328 Rawtenstall and place it at another point on Public Footpath No. 230
Rawtenstall, being the same highway or a highway connected and it is suggested
that the proposed termination point is substantially as convenient to the public.
Should the Committee agree that the proposed Order be made and, subsequently,
should no objections be received to the making of the proposed Order, or should the
proposed Order be submitted to the Secretary of State for Environment, Food and
Rural Affairs for confirmation, it is felt that the path or way will not be substantially
less convenient to the public in consequence of the diversion because parts of the
existing routes to be diverted run along steep sided slopes, in places along steep
gradients over rough ground. The alternative routes however are of similar lengths
over a firm level surface and provide lesser gradients to the existing routes.
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 routes to be easier due to the footpaths
being diverted away from rough ground and steep slopes.
It is felt that there would be no adverse effect on the land served by the existing
routes or the land over which the new paths are to be created, together with any land
held with it.
The Committee is advised that so much of the Order as extinguishes part of Public
Footpath No. 113 Bacup and Public Footpath Nos. 327 and 328 Rawtenstall, is not
to come into force until the County Council has certified that the necessary work to
the alternative routes has been carried out.
Extinguishment Order
The proposed Order meets the criteria for an extinguishment under section 118 of
the Highways Act 1980, i.e. that it is expedient that Public Footpath Nos. 114 and
115 Bacup and part of Public Footpath Nos. 218, 230 and 326 Rawtenstall should be
stopped up on the grounds that they are not needed for public use.
It is noted that B – M, Public Footpath No. 114 Bacup, is not currently available for
use by the public and crosses very steep gradients. The Environment Directorate
has no record of any complaint or report from the public about the condition or
obstruction of Public Footpath No. 114 Bacup.
Public Footpath No. 115 Bacup, B – C, is not visible on the ground and runs steeply
down a deep densely vegetated ditch and would appear to have not been usable by
the public for a considerable period of time. There are no reports in relation to the
condition of Public Footpath No. 115 Bacup recorded on the Public Rights of Way
files.
Public Footpath No. 218 Rawtenstall is effectively a cul-de-sac path in that a deep
gully prevents users connecting with either Public Footpath Nos. 230 or 327
Rawtenstall. To the south-west of point H, Public Footpath No. 218 passes over a
near vertical drop of approximately 5-8 metres onto the bedrock at the top of a small
waterfall. The Ordnance Survey plans do not show the presence of a bridge crossing
having ever existed at this location. There are reports on the Public rights of Way
database in relation to this path but they do not relate to the public being unable to
pass from K – H.
The section of Public Footpath No.230 G – C passes into a steep gully which would
be difficult to use and the alternative route for Public Footpath No. 327 Rawtenstall
would be the preferable route for walkers to take from point G, if heading north to
Coal Pit Lane and the alternative route of Public No. 328 Rawtenstall if heading
south.
It is, therefore, suggested that the public footpath from B – M, B – C, K - H and G – C
are not needed for public use.
Under normal circumstances, landowners would be required to ensure that the
existing definitive route is available for use before an Extinguishment Order is
considered. This enables the public to consider whether the existing route is needed
for use by the public.
However, in some instances, the restoration of the route is considered
disproportionately difficult or expensive or not in the interest of the public. This is the
case with Public Footpath No. 114 Bacup and it is considered that enforcement
action to reinstate the existing footpath would not be appropriate at this time. A
substantial bridge structure would be required on the part of Public Footpath No. 218
Rawtenstall to make the path accessible for the public.
Should the Committee agree that the proposed Order be made and, subsequently,
should no objections be received to the making of the proposed Order, 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 that part of
Public Footpath No. 114 Bacup and 326 Rawtenstall, marked B - M on the plan,
Public Footpath No. 115 Bacup, marked B – C on the plan, Public Footpath No. 230
Rawtenstall, marked C – G on the plan, and Public Footpath No. 218 Rawtenstall
marked K – H on the plan, having regard to the extent to which the extinguishment
would have as respects land served by the path. The Committee may consider that
these paths are not likely to be used by the public and it is advised that there would
be no adverse effect on land where the route runs at the moment. The paths are not
used for access to properties as far as the County Council has been able to
establish.
Both Orders
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 route, or they
have given their consent.
The effect of the proposed Orders, if confirmed, would not have any adverse effect
on biodiversity, the natural beauty of the area, the needs of agriculture and forestry
or on the conservation of flora, fauna and geological and physiographical features.
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 and also that in respect of the proposed alternative routes. Part of the
extinguishment section of Public Footpath Nos. 218 & 326 Rawtenstall and Public
Footpath No. 114 Bacup is not in the ownership of the applicant. This land is in the
ownership of Mr Rea, Higher Bridge Clough House, Coal Pit Lane, Waterfoot, BB4
9SB and Mr Bird, Lower Bridge Clough Farm, Coal Pit Lane, Waterfoot, BB4 9SB,
and they have provided their agreement with the proposal.
The applicant has agreed to provide an alternative route to the satisfaction of the
County Council. The Environment Directorate has agreed not to recover the costs of
administering the order-making procedures or the costs of advertising the Order.
This is because of the more accessible routes that will be available for the public to
use should the proposal be confirmed.
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
proposal can be satisfied.
It is also 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 two gates that are 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).
The proposed diversion is consistent with the Policy RMV12-2 whereby the Local
Authority “Aspire to meeting the British Standard for gaps, gates and stiles BS 5709,
subject to consideration of landowners’ requirements, the local character and the
accepted practice at any location.” In this instance BS5709:2006 has been applied
and the least restrictive option of a pedestrian gate at points D and 25 metres
southwest of point F has been selected, thereby reducing the limiting effect of
structures.
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 Ordesr be made.
To agree the Orders be made but be not yet 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.
It is considered that, having regard to the above, it would be expedient to confirm the
Order.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
File Ref: PRW-14-01/04
Date
File Ref: 5.35936 (211/584)
Reason for inclusion in Part II, if appropriate
N/A
Contact/Directorate/Tel
Mr S D Williams
Environment Directorate
01772 533886
H Orsich
County Secretary and
Solicitor's Group
01772 533427