Extinguishment of Non-Definitive Footpath North of...

TRO Panel

Extinguishment of Non-Definitive Footpath North of Lane Head Farm, off Intake Lane, Greenfield and Diversion of Footpath 228, Saddleworth and Modification of Definitive Map and Statement Report of: Executive Director, Economy, Skills and Neighbourhoods

Officer contact: Steve Palk, Public Rights of Way Officer Ext. 4364 30 January 2017 Reason for Decision To rationalise and clarify the situation relating to footpaths in the vicinity of Lane Head, Greenfield and to satisfy our obligations to maintain and update the definitive map and statement. Executive Summary The report considers the public rights of way problems at Lane Head, off Intake Lane, Greenfield and proposes solutions which include extinguishment of a footpath to the north of Lane Head Farm and diversion of Footpath 228 Saddleworth such that footpaths to the north of the property are removed. In addition it is proposed to update the Definitive Record accordingly. Recommendation The Panel are recommended to: 1. approve the proposals to make an order to extinguish a footpath to the north of

Lane Head Farm off Intake Lane, Greenfield and divert part of Footpath 228 Saddleworth

2. Grant delegated authority to the Executive Director, Economy Skills and Neighbourhoods to confirm the order in the event that there are no objections to the proposals.

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TRO Panel 30 January 2017 Extinguishment of Non-Definitive Footpath North of Lane Head Farm, off Intake Lane, Greenfield and Diversion of Footpath 228, Saddleworth and Modification of Definitive Map and Statement 1 Background 1.1 Following a claim that a footpath existed between Lane Head and Little Oak

Cottage off Intake Lane, Greenfield the Inspector at the Public Inquiry determined that this footpath did exist but also found that the alignment of Footpath 230 Saddleworth on the Definitive Map (see relevant part of Definitive Map at Appendix 1) which showed the path passing between Lane Head and outbuildings was incorrect and the Definitive Statement for this footpath could not be interpreted to determine the alignment. The Inspector‟s confirmed modification order removed the original alignment of Footpath 230 Saddleworth from the Definitive Map.

1.2 Subsequent to the creation of the Definitive Map in 1952 by the West Riding of

Yorkshire the Greater Manchester Council drew up a revised map but this was never sealed and more recently a digital map has been created which has been placed on the Council‟s Website and is available for inspection by the public. These maps showed Footpath 230 Saddleworth passing to the north of the outbuildings off Lane Head and joining Footpath 228 Saddleworth in the yard of Lane Head Farm. In respect of this route which is where the Council thought the original route on the 1952 map was, the Inspector has made no determination of its status. It is now recorded on the modification order map as “current path” without a determination that it forms part of the definitive map. See Appendix 3.

1.3 Footpath 228 Saddleworth also passes the Lane Head hamlet in a generally

north south alignment. Similar to Footpath 230 Saddleworth it is difficult to determine the exact alignment of Footpath 228 Saddleworth from the Definitive Map. A 1955 Ordinance Survey map (See Appendix 2) is more helpful and shows the path entering centrally in the yard to the north of Lane Head. If this alignment is maintained the resident of Lane Head will have footpaths on all four sides of the property.

2 Proposals 2.1 It is proposed to:

extinguish the right of the public to use the footpath named „current footpath‟, by the Lane Head Public Inquiry Inspector, located to the north of Lane Head Farm and detailed in Schedule 1 using Section 118 of the Highways Act 1980; and

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divert part of Footpath 228 Saddleworth as detailed in Schedule 2 using Section 119 of the Highways Act 1980 in the event of these proposals being enacted, modify the Definitive Map and Statement accordingly using Section 53(2) Wildlife and Countryside Act 1981 Modification of the Definitive Map and Statement

2.2 Regarding the extinguishment proposal, where it appears to the Council as

respects a footpath in their area that it is expedient that the path should be stopped up on the grounds that it is not needed for public use, the Council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path.

An order under this section is referred to in this Act as a “public path extinguishment order”.

2.3 A Council shall not confirm such an order as an unopposed order, unless they are satisfied that it is expedient so to do having regard to the extent (if any) to which it appears to them that the path or way would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path.

2.4 A Council is to have regard in determining whether or not to confirm such an

order as an unopposed order should include any material provision of a rights of way improvement plan.

2.5 Regarding the diversion proposal, where it appears to the Council that, in the

interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted, the Council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, divert the public right of way over the path.

An order under this section is referred to in this Act as a “public path diversion order”.

2.6 A Council shall not confirm such an order as an unopposed order, unless they are satisfied that the diversion to be effected by it is expedient as mentioned above, and further that the path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which:-

(a) the diversion would have on public enjoyment of the path or way as a whole, (b) the coming into operation of the order would have as respects other land served by the existing public right of way, and (c) any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it.

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2.7 A Council is to have regard in determining whether or not to confirm such an order as an unopposed order should include any material provision of a rights of way improvement plan.

2.8 If the orders are confirmed it will be necessary to modify the Definitive Map

and Statement in respect of these two proposals. The Council has an obligation to continuously review the Map and Statement. The Public Rights of Way (Combined Orders) (England) Regulations 2008 allows the order-making authority to make a combined order for a Stopping up and Diversion proposal and Definitive Map and Statement Modification. The modifications are detailed in Schedule 3 of this report.

3 Justification 3.1 Regarding the extinguishment of the „current path‟ it is considered that

although it is evident that the public have used this alignment it is considered that as a route exists to the south of Lane Head this northern alignment is not needed for public use. The extinguishment will allow the owner to create a private area in close proximity to the farm whilst the public can proceed on the southern route around Lane Head which will involve an additional walking distance of 13 metres on a path without public vehicular rights. At present the path is located on the driveway of Lane Head Farm. If the diversion of part of Footpath 228 Saddleworth is approved, use of the current path will cease as it will no longer provide a link between Footpaths 228 and 230 to the north of Lane Head Farm. Instead the two footpaths will link at eastern end of the current path.

3.2 Regarding the diversion of part of Footpath 228 Saddleworth it has been

recognised that the presence of public rights of way through gardens and farm yards is a matter of concern for both landowners and users. In this case whilst it is not possible for the property to be free of footpaths in close proximity it is considered onerous for there to be footpaths on all four sides of the property.

3.3 Currently, walkers heading south on Footpath 228 Saddleworth deviate from

the supposed alignment of Definitive Map at the point where they enter the wood to the north of Lane Head and they take a route where Footpath 230 meets the eastern end of the yard of Lane Head. It is considered that this would be a satisfactory diversion route in that it is currently used and would not be onerous to walkers and would be in the interests of the owner of the land.

3.4 It is difficult to assess the how inconvenient this route is when compared to the

definitive map route as the definitive map route cannot be determined with any certainty. The route shown on the digital map is not practical as there obstructions on this alignment. When considering the route that walkers have been taking, it is not inconvenient to access Footpath 230 Saddleworth to the east and Footpath 228 Saddleworth to the south. There is an increased distance of 13 metres in walking to the south of Lane Head Farm to access Footpath 230 to the west rather than using the „current path‟ but as stated

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previously this southern route is vehicle free. It is not considered that this diversion will affect the enjoyment of the path as a whole nor will this diversion have any adverse effect on the land served by the existing right of way. As the diversion route is currently being walked by the public this will not affect the land where the path is located.

3.5 Neither of the proposals will have any effect on the material provisions of the

Public Rights of Way Improvement Plan.

4 Conclusion 4.1 It is considered the tests the extinguishment and diversion are satisfied and

that the combined order should be made.

Schedules

Schedule 1

Footpath to be extinguished – Drawing 764/A4/216/1

Road Length

Footpath named „current path‟ by the Lane Head Public Inquiry Inspector

From a point B OS Ref 398990 403344 on the vehicular access to Lane Head Farm to a point E 398970 403310 a distance of 31 metres in a westerly direction

Alternative route - Drawing 764/A4/216/1

Road Length

Part of Footpath 230 Saddleworth. Added to the map following the Lane Head Public Inquiry Inspector.

From a point B OS Ref 398990 403344 on the vehicular access to Lane Head Farm to a point C 398970 403310 a distance of 38 metres in a south westerly direction then continuing on Footpath 228 Saddleworth in a north westerly direction to a point D 398949 403322 west of Lane Head Farm a distance of 25 metres at its junction with Footpath 228 Saddleworth

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Schedule 2

Footpath to be Stopped Up – Drawing 764/A4/216/1

Road Length

Part of Footpath 228 Saddleworth Note: It is not possible to accurately determine the alignment of this path from the Definitive Map and Statement. The description relates to the alignment on the current digital map

From a point A. OS Ref 398932 403422 where Footpath 228 Saddleworth meets the boundary fence to the Lane Head plantation continuing southerly towards Lane Head Farm a distance of 77 metres to point E 398960 403347 in the yard of Lane Head Farm then generally south westerly curving around the out buildings of Lane Head Farm a distance of 32 metres to a point D 398949 403322 at its junction with Footpath 230 Saddleworth

Diverted route of footpath – Drawing 764/A4/216/1

Road Length

Part of Footpath 228 Saddleworth

From a point A. OS Ref 398932 403422 where Footpath 228 Saddleworth meets the boundary fence to the Lane Head plantation continuing through the plantation south easterly a distance of 97 metres to Point B 398990 403344 at its junction with Footpath 230 Saddleworth on the vehicular access to Lane Head. Width varies

Limitiations

Road Length

Part of Footpath 228 Saddleworth

Stile at boundary of open field and Lane Head plantation OS Ref 398932 403422 Gate at boundary of Lane Head plantation and Lane Head vehicular access OS Ref 398990 403344

Schedule 3

Part 1 Modification of Definitive Map Description of paths to the deleted

Footpath 228 Saddleworth Footpath commencing at its junction with the Greenfield and Shepley Lane Head County Road A635 and proceeding in a southerly direction to its junction with Path No.229

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Footpath 230 Saddleworth Footpath commencing at its junction with Greenfield and Shepley Lane County Road A635 opposite St.Mary's Church and proceeding southward to Fern Lee and westward via White Lee and Greenmans to its junction with Shadworth Road

Description of paths to the added Footpath 228 Saddleworth Commencing on the track to the east of 191 Manchester Road, Greenfield proceeding south along the track and then southwards following the stream east of the path, entering open fields crossing the stream them ascending steeply eastwards to stile, then south easterly then south-south-easterly across field to stile at Lane Head Plantation, cross the stream then south easterly to gate at vehicular access to Lane Head Farm, cross the access then south westerly between Lane Head Farm and Little Oak Cottage, then south-south easterly to Intake Lane Footpath 230 Saddleworth As described by Inquiry Inspector 06 September 2016

Part 2 Modification of Definitive Statement Statement to be deleted

District and path Number

Page Number

Status Length (m)

Description Width

Saddleworth 228

11 Footpath 644 Footpath commencing at its junction with the Greenfield and Shepley Lane Head County Road A635 and proceeding in a southerly direction to its junction with Path No.229

Saddleworth 230

11+12 Footpath 2011 Footpath commencing at its junction with Greenfield and Shepley Lane County Road A635 opposite St.Mary's Church and proceeding southward to Fern Lee and westward via White Lee and Greenmans to its junction with Shadworth Road

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Statement to be added


Page Number

Status Length (m)

Description Width

Saddleworth 228

11 Footpath 664 Commencing on the track to the east of 191 Manchester Road, Greenfield OS Map Ref 398716 403771 proceeding south along the track to stile at 398746 403699 and then southwards on west side of valley following the stream to stile at 398770 403579, entering open fields crossing the stream them ascending steeply eastwards to stile 398805 403592, then south easterly then south-south-easterly across field to stile at Lane Head Plantation 399059 403545, cross the stream then south easterly to gate at vehicular access to Lane Head Farm 398970 403309, cross the access then south westerly between Lane Head Farm and Little Oak Cottage, (coincident with Footpath 230 Saddleworth) to 398970 403309 then south-south easterly to Intake Lane 398990 403260

Width varies

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Page Number

Status Length (m)

Description Width

Saddleworth 230

11+12 Footpath 1668 Commencing on Chew Valley Road, Greenfield OS Ref 400250 403995 east of the Clarence roundabout crossing Chew Brook on Waterside Bridge them south on Waterside 400221 403815, then south westerly in open field, then southerly towards Fern Lee Farm 400142 403535, then in open field, passing Fern Lee Farm and its outbuildings to the south, westerly towards White Lee Cottages 399536 403469, passing the cottages to the south on the access road to the cottages, then crossing Intake Lane 399428 403458 entering access to Brow Top passing Brow Top to the south 399350 403457, then south westerly on Intake Lane 399268 403430 and leaving the Lane westerly on the fork down to Greenmans Lane 399213 403412, crossing Greenmans Lane 399170 403424 with 5 Greenmans Cottage to the north, on track north westerly to 399128 403432, then in open field south westerly, then entering Lane Head Plantation 399072 403387, then crossing the vehicular access to Lane Head Farm 398990 403344 passing between Little Oak Cottage and Lane Head Farm south westerly to 398969 403308 , then north west between Lane Head Farm and Wind Whistle Farm (8 Lane Head) to 398949 403322, then westerly on walled track to open field 398889 403329 then westerly to Shadworth Lane passing the ruin of Shadows Mount 398739 403289.

Width varies

5 Options/Alternatives 5.1 Option 1: To approve the recommendation. 5.2 Option 2: Not to approve the recommendation.

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6 Preferred Option 6.1 The preferred option to approve is Option 1. 7 Comments Of Saddleworth South Ward Councillors 7.1 Ward Councillors have been consulted and no comments were received. 8 Consultation 8.1 The Ramblers and the Peak and Northern Footpath Society have been

consulted and no comments were received. 9 Financial Implications 9.1 The direct cost of this proposal, (mainly Legal and Advertising charges) will be

approximately £700. This will be funded from cost centre 40916 X122 (Highways Operations Unity – Public Rights of Way). Nigel Howard x3250

10 Legal Services Comments 10.1 In relation to the stopping up proposal, under section 118 of the Highways

Act, it must appear expedient to the Council that the path should be stopped up on the ground that it is not needed for public use. The Council shall not confirm the order as an unopposed order, unless they are satisfied that it is expedient so to do having regard to the extent (if any) to which it appears to them that the path would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path or way, account being taken of the provisions as to compensation contained in the Act. Under section 118(5) of the Act, in considering whether to make or confirm a public path extinguishment order, the Council may have regard to the extent to which a concurrent public path diversion order would provide an alternative path.

10.2 In relation to the diversion proposal, under section 119 of the Highways Act, it

must appear to the Council that, in the interests of the owner, lessee or occupier of land crossed by the path or of the public, it is expedient that the line of the path should be diverted (whether on to land of the same or of another owner). The Council shall not confirm the order as an unopposed order, unless they are satisfied that the diversion to be affected by it is expedient as mentioned above and that the path will not be substantially less convenient to the public in consequence of the diversion and that is expedient to confirm the order having regard to the effect which: a) the diversion would have on public enjoyment of the path as a whole; b) the coming into operation of the order would have as respects other land

served by the existing public right of way; and c) any new public right of way created by the order would have as respects

the land over which the right is so created and any land held with it. (A Evans)

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11 Co-operative Agenda 11.1 In respect of public rights of way problems at Lane Head there are no Co-

operative issues or opportunities arising and the proposals are in line with the Council's Ethical Framework.

12 Human Resources Comments 12.1 Not applicable. 13 Risk Assessments 13.1 Not applicable. 14 IT Implications 14.1 Not applicable. 15 Property Implications 15.1 None. 16 Procurement Implications 16.1 None. 17 Environmental and Health & Safety Implications 17.1 Energy – Nil. 17.2 Transport – Nil. 17.3 Pollution – Nil. 17.4 Consumption and Use of Resources – Nil. 17.5 Built Environment – Nil. 17.6 Natural Environment – Nil. 17.7 Health and Safety – Nil. 18 Equality, community cohesion and crime implications 18.1 Not applicable. 19 Equality Impact Assessment Completed? 19.1 No.

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20 Key Decision 20.1 No. 21 Key Decision Reference 21.1 Not applicable. 22 Background Papers 22.1 The following is a list of background papers on which this report is based in

accordance with the requirements of Section 100(1) of the Local Government Act 1972. It does not include documents which would disclose exempt or confidential information as defined by the Act :

None.

23 Appendices 23.1 Appendix 1 - Part of The (Former) West Riding of Yorkshire Definitive Map

1952

Appendix2 - Part of Ordnance Survey Map 1955 showing path to Lane Head from North Appendix 3 - Confirmed Footpath Modification Order and Map dated 6 September 2016 resulting from Public Inquiry

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APPENDIX 1

PART OF THE (FORMER) WEST RIDING OF YORKSHIRE DEFINITIVE MAP 1952

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APPENDIX 2

PART OF ORDNANCE SURVEY MAP 1955 SHOWING PATH TO LANE HEAD FROM NORTH

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APPENDIX 3

CONFIRMED FOOTPATH MODIFICATION ORDER AND MAP DATED 6 SEPTEMBER 2016 RESULTING FROM PUBLIC INQUIRY

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