To consider an application to divert part of a definitive footpath
The Township Committee considered a report of the Director of Neighbourhoods which advised that the landowner at Brearley Farm Littleborough had submitted an application to the Council to divert part of a definitive footpath that runs over land in their ownership required for the undertaking of farm work. The footpath is numbered LitFp470 on Council records.
The landowner wishes to utilise area to the front of the property. Footpath LitFp470 runs over the vehicle access road to Brearley Farm and continues to the front of the property, in the location where the land is required for farming.
Under section 119 Highways Act 1980 a landowner may apply to the Council to divert a right of way on the ground that in his interests it is expedient that the Order should be made.
There were no alternative options available. Should the matter be referred to Secretary of State who decides that the order should not be made, the applicant is advised and the Council would not proceed with the order.
1. Pennine Township Committee authorises the Council to proceed with a map modification order under section 119 Highways Act to divert part of footpath LitFp470 away from the front of Brearley Farm and run on a “stoned up” path around a fenced area created by the landowner.
2. If no objections are received to the order to confirm it unopposed, if an objection is received to submit the application to the Secretary of State to make a final decision.
3. On completion of a map modification order to carry out an event order to alter the definitive map and statement to show the location of the new route of part of LitFp470.
Reasons for the decisions:
The Council is required to keep the definitive map and statement under continuous review. The Authority is to achieve this by the making of modifications to the map as soon as is reasonably practical after the occurrence of an event. By adding, deleting or diverting of a right of way are requirements to meet this obligation also inspecting and managing the network. A landowner, lessee or occupier may apply to divert a right of way on the ground that in his interests it is expedient that the Order should be made.
Eligible for Call-in: Yes