Issue - meetings

The Panel considered a report that sought approval to make a Public Path Extinguishment Order for part of Footpath 118, Saddleworth.

The application was received from the residents of The Old Vicarage, Streethouse Lane, Dobcross via their agent Roundhay Properties Ltd for the extinguishment of part of Footpath 118, Saddleworth which was situated on their land, under Section 118 of the Highways Act 1980. The line of the path passed close to the property at The Old Vicarage. The Government had issued ‘Draft Guidance on the diversion or extinguishment of rights of

way that pass through gardens, farmyards and commercial premises’. The Guidance describes the problem of Public Rights of Way which pass through contained spaces, such as private gardens. It states that ‘Members of the public may not be comfortable following a path through a contained space of this type because doing so may be infringing on the privacy of a houseowner’. Such path alignments can deter people from exercising the public’s right to walk along the path. In addition, the line of the path had been blocked for many years by an outbuilding/garage. The residents of The Old Vicarage, Streethouse Lane, Dobcross had been in discussion with the Council for some time about resolving these issues.

The diversion of the path away from The Old Vicarage was originally proposed as a combined diversion with part of the nearby Footpath 185 Saddleworth under section 257 of the Town and Country Planning Act 1990. However, following discussions with representatives of the Ramblers Association and the Peak and Northern Footpath Society, it has been agreed that the most appropriate action to take was for the residents to apply to have the branch of Footpath 118 Saddleworth which passes through their land stopped up under Section 118 of the Highways Act 1980.

Options considered:

Option 1: to approve the recommendation.

Option 2: not to approve the recommendation.

RESOLVED that, as per the recommendation, the Public Path Extinguishment and Definitive Map and Statement Modification Order for footpath 118 Saddleworth (part) be approved under Section 118 of the Highways Act 1980 and Section 53A of the Wildlife and Countryside Act 1981.