Regulatory Committee
Meeting to be held on 11 December 2012
Electoral Division
Longridge with Bowland
Highways Act 1980 - Section 119
Wildlife and Countryside Act 1981 - Section 53A
Proposed diversion of Parts of Public Footpaths Nos. 74, 76 and 78 Chipping,
Ribble Valley 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 part of Public Footpath Nos. 74, 76 and 78 Chipping,
Ribble Valley Borough.
Recommendation
1. An Order be made under Section 119 of the Highways Act 1980 to divert
parts of Public Footpaths Nos. 74, 76 and 78 Chipping from the routes shown
by bold continuous lines and marked A-B-C and D-B on the attached plan, to
the routes shown by bold dashed lines and marked A–C and D-A on the plan.
2. 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in the event of objections being received and not withdrawn, the Order be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 promoted to confirmation if necessary at a
public inquiry.
3. That provisions be included in the Order 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 diversion.
Background
A request has been received from Mr and Mrs Case for an Order to be made under
Section 119 of the Highways Act 1980 for the diversion of parts of Public Footpaths
Nos. 74, 76 and 78 Chipping in the vicinity of Halton Hill Farm, Garstang Road,
Chipping, Lancashire, PR3 2QJ. Holton Hill Farm is no longer a working farm and
the buildings that are located either side of Public Footpath No. 76 Chipping are
proposed to be refurbished for residential use.
The length of the existing paths proposed to be diverted is shown by bold continuous
lines and marked A–B–C and D-B on the attached plan, to the routes shown by a
bold dashed lines and marked A–C and D-A 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. Chipping Parish Council
and Ribble Valley Borough Council have been consulted and have raised no
objection to the proposal.
The Ramblers' Association, the Peak and Northern Footpaths Society and the British
Horse Society have also been consulted and have no objection to the proposal.
Advice
Points annotated on plan
Point
Grid
Reference
Description
A
SD 6099 4272
Point on Public Footpath No. 74 Chipping, to east of the
western boundary of Holton Hill Farm.
B
SD 6101 4270
Junction of Public Footpath Nos. 74, 76 and 78
Chipping.
C
SD 6105 4278
Point on Public Footpath No. 78 Chipping, adjacent to
the north-eastern corner of the triangular shaped field
that is located to the north of the buildings at Holton Hill
Farm.
D
SD 6096 4262
Point on Public Footpath No. 76 Chipping, to north of
the southern boundary of Holton Hill Farm.
Description of existing footpaths to be diverted
a) That part of Public Footpath No. 74 running from point A, south-east for 30
metres uphill along the edge of rough pasture to point B, then continuing
down the tarmac farm drive as Public Footpath No.78 Chipping, north-east for
85 metres to point C. Shown by a bold continuous line on the Order Map and
marked A-B-C, a total distance of 115 metres. (All lengths and compass
directions are approximate).
b) That part of Public Footpath No. 76 Chipping, running from point D, generally
north-east across rough pasture for 105 metres to point B. Shown by a bold
continuous line on the Order Map and marked D-B, a total distance of 105
metres. (All lengths and compass directions are approximate).
Description of new footpaths
a) From point A, running generally north-east as a field edge path for 85 metres
to point C. Shown by a bold dashed line on the Order Map and marked A-C, a
total distance of 85 metres. The width of the footpath will be 2 metres. (All
lengths and compass directions are approximate).
b) From point D, running generally north-north-east as a cross field path for 110
metres, passing through a pedestrian gate to point A. Shown by a bold
dashed line on the Order Map and marked D-A, a total distance of 110
metres. The width of the footpath will be 2 metres. (All lengths and compass
directions are approximate).
It is proposed that the public footpaths to be created by the proposed Order will be
subject to the following limitations and conditions:
Limitations and conditions
The right of the owner of the soil to
erect and maintain a two way opening
pedestrian gate that conforms to
BS 5709:2006.
Position on path to which limitations
and conditions apply
Grid reference SD 6099 4272
(5 metres south-west of point A)
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 Order should also specify that the Definitive
Statement for:
Public Footpath No.74 Chipping be amended to read as follows:
The 'Position' column to read: "Class III 437 to SD 6099 4272 at the junction with
Public Footpath Nos. 76 and 78 at Holton Hill."
The 'length' column be amended to read: "0.46 km"

Public Footpath No.76 Chipping be amended to read as follows:
The 'Position' column to read: "Unclassified County Road 4/9 at Abbot Barn to
SD 6096 4262. It continues generally north-north-east as a cross field path for
110 metres to SD 6099 4272 at the junction with Public Footpath Nos. 74 and 78
Chipping."
The 'length' column be amended to read: "0.27 km"
The 'Other particulars' column be amended to read "The width of the section of
footpath between SD 6096 4262 and SD 6099 4272 is 2 metres. The only
limitation on the section of footpath between SD 6096 4262 and SD 6099 4272 is
the right of the owner of the soil to erect and maintain a gate that conforms to
BS5709:2006 at SD 6099 4272".

Public Footpath No.78 Chipping be amended to read as follows:
The 'Position' column to read: "Junction of Public Footpath Nos. 74 and 76
Chipping at SD 6099 4272 running generally north-east as a field edge path for
85 metres to SD 6105 4278. It continues to Junction Class III 437 at Ferry Butts."
The 'length' column be amended to read: "0.25 km"
The 'Other particulars' column be amended to read "The width of the section of
footpath between SD 6099 4272 and SD 6105 4278 is 2 metres. Between
SD 6099 4272 and SD 6105 4278 there are no limitations or conditions"
Criteria satisfied to make and confirm the Diversion Order
The proposed diversion of Public Footpath Nos. 74, 76 and 78 Chipping is felt to be
expedient in the interests of the owner of the land in that, if the proposal is
successful, it will move the public footpaths away from the house, parking areas and
outbuildings at Holton Hill Farm, providing the residents of the dwelling with an
improvement in privacy and security.
The proposed diversion will alter the points of termination of these footpaths and
place them at other points on either Public Footpath Nos. 74, 76 or 78 Chipping, in
each case being the same highway or a highway connected to it and it is suggested
that the proposed termination points are 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 the alternative
routes are of a similar length and overall lesser gradient to the existing routes.
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 considered that the criteria for confirming the
proposal can be satisfied.
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 more enjoyable, as it will divert the
footpaths away from the house, parking areas and outbuildings and as such, some
users may find the new routes more pleasant to use and feel more comfortable and
at ease.
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 Nos. 74, 76 and 78 Chipping, is not to come into force until the County
Council has certified that the necessary work to the alternative routes has been
carried out.
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.
The effect of the proposed Order, 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 section of footpaths proposed to be
diverted and the land crossed by the proposed alternative routes and 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 routes to the satisfaction of the County Council.
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 routes will be of adequate width and
the gate proposed to be installed will conform to the British Standard for gaps, gates
and stiles BS5709:2006.
Further it is also advised that the effect of the Order is compatible with the material
provisions of the County Council's Rights of Way Improvement Plan, in particular
Policy RMV12-2 whereby the Local Authority "Aspire to meeting the British Standard
for gaps, gates and stiles BS5709:2006, 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 two way
opening gate at point C has been selected.
It is considered that, having regard to the above, it would be expedient to confirm the
Order.
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 3) 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 Order be made.
To agree the Order 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 Order be made and promoted to confirmation according to
the recommendation.
Alternative options to be considered - N/A
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
File Ref: PRW-03-12-74
Date
File 211/641 5.46986
Reason for inclusion in Part II, if appropriate
N/A
Contact/Directorate/Tel
Mrs R Paulson
Environment Directorate
01772 532459
Miss J Mort, Office of Chief
Executive
01772 533427