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Regulatory Committee - Wednesday, 3rd June, 2026 10.00 am
June 3, 2026 at 10:00 am Regulatory Committee View on council website Watch video of meeting Read transcript (Professional subscription required)Summary
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The Regulatory Committee of Lancashire County Council met on Wednesday 3 June 2026. The committee considered various matters concerning public rights of way.
Ratification of Bridleway Order near Flensburg Way
The committee considered The Lancashire County Council Bridleway between Bannister Lane and Moss Lane adjacent to Flensburg Way Farington Definitive Map Modification Order 2025
. This was to ratify the confirmation of the order, which had been made without returning to the committee for a final decision due to an administrative error. Councillor Mark Clifford moved the officer's recommendation, noting the absence of objections and that the higher test for adding the bridleway to the definitive map and statement was satisfied. Councillor Fred Cottam seconded the motion, and it was approved by the committee.
Rejection of Application for Bridleway on Farington Moss
An application to add a bridleway across Farington Moss west of Flensburg Way was considered. Jane Turner presented the evidence, highlighting that while Ordnance Survey maps showed the route existed and was capable of use, there was insufficient map and documentary evidence to infer public bridleway or footpath rights. Simon, providing legal observations, concurred that the evidence was likely insufficient to assert that a bridleway subsists. The committee, on the recommendation of officers, rejected the application and decided not to make a definitive map modification order. Councillor Graeme Austin moved the rejection, seconded by Councillor Maria Jones, and it was approved.
Diversion and Extinguishment of Footpaths Considered
Several applications for the diversion or extinguishment of footpaths were considered. In each case, the recommendation was that if objections were received, the orders would be sent to the Secretary of State for the Environment, Food and Rural Affairs, with the authority taking a neutral stance.
- Extinguishment of Footpath FP0802019 at Eavesdale, Tanhouse, Skelmersdale: This footpath was proposed for extinguishment as it was deemed no longer needed for public use, passing through the playing field of a former school, now Eavesdale Family Hub. Councillor Mark Clifford moved the approval, stating it was an
eminently sensible
decision, and Councillor Jones seconded. - Diversion of Footpaths at The Cross Keys Inn, Whitechapel, Preston: This diversion was proposed to enhance the privacy and security of holiday accommodation associated with The Cross Keys Inn. Councillor Maria Jones moved the approval, seconded by Councillor Graeme Austin.
- Diversion of Footpath at Quilter Close, Accrington: This diversion was requested due to the footpath passing through residential properties on the Quilter Close estate. Councillor David Howarth moved the approval, seconded by Councillor Graeme Austin. Councillor David Howarth expressed frustration that such issues were not addressed during the planning stage, to which David Goode, Public Rights of Way Manager, confirmed that public rights continue to exist until legally diverted. Councillor Fred Cottam raised concerns about developers ignoring public footpaths, but acknowledged the need for compromise. David Goode explained the complexities of planning authority roles and the use of the Highways Act. Councillor Sohail Asghar declared a non-pecuniary interest.
- Diversion of Footpath at De Tabley Mews, Ribchester, Ribble Valley: This diversion was sought due to the footpath passing through private gardens and close to a residential dwelling. Councillor Mark Clifford moved the approval, seconded by Councillor Graeme Austin. Councillor Mark Clifford sought clarification on gate removal, and David explained the rationale behind removing the pedestrian gate. Councillor David Howarth questioned the usage of the route, and David confirmed it was being applied for due to a house sale. Councillor Fred Cottam questioned the removal of gates and the imposition of conditions, leading to a discussion with David about enforcement and the need for compromises. Councillor Sohail Asghar declared a non-pecuniary interest.
- Diversion of Footpath at Woodside Crescent, Newchurch, Rossendale: This diversion was requested because the footpath passed through private gardens and a dwelling. Councillor Mark Clifford moved the approval, noting that the steps on the alternative route were not a significant issue given the long history of the path. Councillor Fred Cottam seconded.
- Diversion of Footpath at Swallows Barn, Pendleton, Ribble Valley: This diversion was requested to move the footpath from the centre of a garden to the periphery, for privacy and security reasons, particularly concerning dogs and young children. Councillor Graeme Austin moved the approval, seconded by Councillor Liam Thomson. Councillor Fred Cottam acknowledged the convenience for the residents but noted the disregard for historical rights of way. David Goode provided an update on an amended appendix.
- Diversion of Footpaths at Wholaw Tongue Farm, Whitewell Bottom, Rawtenstall, Rossendale: This diversion was proposed for health and safety reasons, to move footpaths away from a working farmyard and residential dwelling. Councillor Mark Clifford moved the approval, seconded by Councillor Graeme Austin.
Other Business
- Constitution, Membership and Terms of Reference for the Regulatory Committee: The committee reviewed and noted the constitution and membership of the Regulatory Committee as approved by Full Council.
- Minutes of the last Meeting: The minutes of the meeting held on 25 March 2026 were presented for comment and confirmation.
- Guidance for Members: The committee was asked to take into account the current guidance on the law relating to public rights of way and the Highways Act 1980.
- Progress Report on Previous Committee Items: An update was provided on the progress of definitive map modification orders and public path orders.
- Apologies: No apologies were received.
- Appointment of Chair and Deputy: County Councillor Ian Duxbury and County Councillor Graeme Austin were noted as the appointed Chair and Deputy Chair for 2026-27.
- Disclosure of Pecuniary and Non-Pecuniary Interests: Councillor Sohail Asghar declared a non-pecuniary interest in item 12.
- Urgent Business: No urgent business was raised.
- Date of Next Meeting: The next meeting was scheduled for Wednesday, 9 September 2026.
Delegated decisions linked to this meeting
Decision summaries below are AI-generated from the council’s published record. Check the council source or the full decision page before relying on them.
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Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Proposed Diversion of Footpaths at Wholaw Tongue Farm, Whitewell Bottom, Rawtenstall, Rossendale
Recommendations ApprovedThe Regulatory Committee of Lancashire Council approved recommendations on 03/06/2026 regarding the diversion of footpaths at Wholaw Tongue Farm. An order will be made under the Highways Act 1980 and Wildlife and Countryside Act 1981 to divert parts of Footpaths FP1404218 and FP1404224. The applicant will bear all administrative charges, compensation, and costs for bringing the new footpath into use.
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Constitution, Membership and Terms of Reference for the Regulatory Committee
Recommendations ApprovedThe Regulatory Committee of Lancashire Council decided to approve recommendations on 03/06/2026. The committee reviewed and noted its constitution and membership, and agreed to comply with its Terms of Reference.
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Wildlife and Countryside Act 1981 Definitive Map Investigation: Upgrading of footpaths to Bridleways along Cranes Lane and Lady Alice's Drive, Lathom
Recommendations ApprovedThe Lancashire Regulatory Committee decided to reject the application to upgrade footpaths to bridleways along Cranes Lane and Lady Alice's Drive in Lathom on 03/06/2026. The committee will not make a Definitive Map Modification Order.
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Wildlife and Countryside Act 1981 Definitive Map Investigation: Addition of Bridleway across Farington Moss west of Flensburg Way
Recommendations ApprovedThe Regulatory Committee of Lancashire Council decided to reject the application for the addition of a bridleway across Farington Moss west of Flensburg Way on 03/06/2026. The committee decided not to make a Definitive Map Modification Order.
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Wildlife and Countryside Act 1981 - The Lancashire County Council Bridleway between Bannister Lane and Moss Lane adjacent to Flensburg Way, Farington: Definitive Map Modification Order 2025
Recommendations ApprovedThe Regulatory Committee of Lancashire Council decided to approve the ratification of the confirmation of "The Lancashire County Council Bridleway between Bannister Lane and Moss Lane adjacent to Flensburg Way Farington Definitive Map Modification Order 2025" on 03/06/2026. This decision confirmed the addition of the bridleway to the Definitive Map and Statement. The committee agreed to ratify the confirmation and decision notice, and to implement improvements to prevent future administrative errors.
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Highways Act 1980 – Section 118 Wildlife and Countryside Act 1981 – Section 53A Proposed Extinguishment of Part of Footpath FP0802019 at Eavesdale, Tanhouse, Skelmersdale
Recommendations ApprovedThe Regulatory Committee of Lancashire Council approved recommendations on 03/06/2026. An Order will be made to extinguish part of Footpath FP0802019 at Eavesdale, Tanhouse, Skelmersdale. The Order will be confirmed if no objections are received, or sent to the Secretary of State if objections remain.
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