Agenda, decisions and minutes

General Purposes Committee - Thursday, 18th October 2007 5.00 pm

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Venue: Council Chamber Town Hall, Chorley

Contact: Gordon Bankes 

Items
No. Item

13.

Apologies for absence

Minutes:

Apologies for absence were submitted on behalf of the Vice-Chair (Councillor Mrs P Case) and Councillor D Edgerley, M Lowe and M Muncaster.

14.

Declarations of Any Interests

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

 

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

Minutes:

There were no declarations of interest by any of the Members in any of the agenda items.

15.

Minutes pdf icon PDF 24 KB

To confirm as a correct record the Minutes of the meeting of the General Purposes Committee held on 15 March 2007 (enclosed)

Minutes:

The minutes of the meeting of the General Purposes Committee held on 15 March 2007 were confirmed as a correct record for signature by the Chair.

16.

Highways Act 1980 - Section 119 Proposed Diversion of Part of Public Footpath No. 25, Bretherton pdf icon PDF 426 KB

Report of Corporate Director of Governance (enclosed)

Additional documents:

Decision:

Agreed

Minutes:

The Corporate Director of Governance presented a report on a proposal of the Lancashire County Council to make an Order for the diversion of part of Public Foopath No 25 at Bretherton.

 

The effect of the Order would be to divert the length of the public footpath that currently ran across a field adjacent to Borrowford House and along a trail leading to/from the property to the junction of Sollom Lane and Lock Lane.  The proposed new route would relocate the footpath further away from Borrowford House and along the field boundary to the south and east of the property.

 

The Committee had no reason or grounds on which to oppose the proposal.

 

Resolved

That no objections be raised to the making by the Lancashire County Council of a Public Path Diversion Order under Section 119 of the Highways Act 1980 for the purpose of diverting a length of Public Footpath No 25 at Bretherton from its current route in the vicinity of Borrowford House onto a new route sited further to the south and east of the dwelling.

17.

Highways Act 1980 - Sections 26 and 119 Proposed Diversion of Parts of Public Footpath Nos. 44, 45, 46 and 48, Coppull and Creation of a New Length of Public Footpath, Coppull, Chorley Borough pdf icon PDF 428 KB

Report of Corporate Director of Governance (enclosed)

Additional documents:

Decision:

1         That the Lancashire County Council be informed that Chorley Council wishes to raise an objection to the proposal to make a Public Path Diversion Order to divert lengths of Public Footpaths 44, 45, 46 and 48 at Coppull on the ground that the Council considers that the existing hard surfaced footpaths provide a superior walking route.

2        That the County Council’s Countryside Officer be advised to investigate the alleged closure of the existing lengths of public footpath without permission.

 

 

Minutes:

The Committee considered a report of the Corporate Director of Governance on a request for the Lancashire County Council to divert parts of Public Footpaths 44, 45, 46 and 48 at Coppull and create a new length of footpath to extend Public Footpath No 47.

 

Currently, four public footpaths numbered 44, 45, 47 and 48 ran towards Highfield Farm to the north of Jolly Tar Lane, Coppull from each direction, with public footpath No 46 running the southern frontage of the farm buildings.    The owners of the farm had requested the diversion of the routes of Public Footpaths 44, 45, 46 and 48 so as to relocate them from the immediate vicinity of the farm buildings and the extension of Public Footpath No 47 in order to effect a junction with the proposed new line of Public Footpath No 48.

 

A member pf the Committee drew other Members attention to the fact that the existing footpath network around Highfield Farm was hard surfaced and indicated that the lengths of the footpaths proposed to be diverted had been blocked to prevent public usage without any apparent permission.

 

Resolved

(1)        That the Lancashire County Council be informed that Chorley Council wishes to raise an objection to the proposal to make a Public Path Diversion Order to divert lengths of Public Footpaths 44, 45, 46 and 48 at Coppull on the grounds that the Council considers that the existing hard surfaced footpaths provided a superior walking route.

 

(2)        That the County Council's Countryside Officer be advised to investigate the alleged closure of the existing lengths of public footpath without permission.

18.

Wildlife and Countryside Act 1981 Claim for Definitive Map Modification Order Application No 804.455. Fairview Adlington - Request for Dedication of Right of Way pdf icon PDF 432 KB

Report of Corporate Director of Governance (enclosed)

Additional documents:

Decision:

That consideration of the request be deferred to await the views of the Trustees of the Fairview Youth and Community Centre and the Council’s Property Services providers on the proposed dedication of a footpath.

Minutes:

The Committee considered a report of the Corporate Director of Governance on a request from the Lancashire County Council for the formal dedication of a footpath running from Highfield Road North, Adlington in a southwesterly direction to link with Public Footpath No 5 at Adlington where it crosses the Preston to Manchester level crossing.

 

The Borough Council had previously resolved not to object to the conferral of public right of way status on the footpath on the basis that the path had been used for more than 20 years without interruption by the public.  On further examination, however, the County Council now considered that the claim put forward did not represent the original footpath route, but rather related to a route that had been used since the construction of the Fairview Youth and Community Centre.

 

In the circumstances, the County Council had suggested that the route that had emerged to accommodate the new Community Centre could become the subject of a formal dedication agreement between Chorley Council and the County Council, under which responsibility for the maintenance of the path would pass to the County Council.

 

Resolved

That consideration to the matters be deferred to await the views of the Trustees of the Fairview Youth and Community Centre and the Council's Property Services providers on the proposed dedication of a footpath to the south of the Centre.

19.

Highways Act 1970 - Section 25 Proposed Creation of Bridleways - West Pennine Link with the Pennine Bridleway National Trail pdf icon PDF 426 KB

Report of Corporate Director of Governance (enclosed)

Additional documents:

Decision:

Agreed

Minutes:

The Corporate Director of Governance submitted a report on a proposal of the Lancashire County Council to create a bridleway at White Coppice, Anglezarke.  The bridleway would run northwards from a point on Moor Road, Anglezarke for approximately 450 metres along the western side of the Goit.

 

The proposal formed part of the County Council's plan to create a network of bridleways in Burnley, Hyndburn and Rossendale as part of the West Pennine Link with the Pennine Bridleway National Trail.

 

Resolved

That no objection be raised to the proposal by Lancashire County Council to the creation of a bridleway at White Coppice, Anglezarke.

20.

Town and Country Planning Act 1990 - Proposed Extinguishment of Part of Public Footpath No 5, Adlington at Highfield Road North pdf icon PDF 430 KB

Report of Corporate Director of Governance (enclosed)

Additional documents:

Decision:

1.       That the Lancashire County Council be advised that Chorley Council is minded to approve the making of a Public Path Extinguishment Order under Section 257 of the Town and Country Planning Act 1990 in respect of part of Public Footpath No. 5 at Adlington in order to lessen the width of part of the length of the footpath to accommodate the construction of a garage.

2.       That the consent of the Lancashire County Council, as Highways Authority, to the proposal be sought.

Minutes:

The Committee considered a report of the Corporate Director of Governance on an application from the residents of 24 Highfield Road North, Adlington for the extinguishments of part of Public Footpath No 5.

 

The public footpath currently ran immediately adjacent to the north facing flank frontage of the property, the owners of which were planning to construct a garage partly on land within the curtilage of the property and partly on the line of the footpath.  In order to facilitate the development, a Public Path Extinguishment Order to effect the narrowing of the width of the path would be necessary.

 

The Committee was minded to support the making of a Public Path Extinguishment Order under Section 257 of the Town and County Planning Act 1990 provided that the Lancashire County Council confirmed its consent to the proposal as the Highways Authority.

 

Resolved

(1)        That the Lancashire County Council be advised that Chorley Council is minded to approve the making of a Public Path Extinguishment Order under Section 257 of the Town and County Planning Act 1990 in respect of part of Public Footpath No 5 at Adlington in order to lessen the width of part of the length of the footpath to accommodate the construction of a garage.

 

(2)        That the consent of the Lancashire County Council, as Highways Authority, to the proposed be sought.