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Regulatory Committee - Wednesday, 21st February, 2024 10.30 am
February 21, 2024 Regulatory Committee View on council website Watch video of meetingSummary
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The Regulatory Committee of Lancashire County Council met on Wednesday, 21st February 2024, to discuss the proposed creation of a bridleway over the Old Tram Bridge in Preston. The committee approved the proposal to dedicate a bridleway and authorised the Director of Environment and Planning to finalise and enter into a Public Path Creation Agreement.
Old Tram Bridge Bridleway Creation
The committee accepted the proposal to dedicate a bridleway over the Old Tram Bridge and any replacement bridge on the same line, crossing the River Ribble. This decision was made on the main terms set out in the report, which included the formalisation of public rights and maintainability of the surface. The Director of Environment and Planning has been authorised to finalise and enter into a Public Path Creation Agreement under Section 25 of the Highways Act 19801 with Preston City Council, the owner of the bridge.
The report detailed that the Old Tram Bridge, owned by Preston City Council, is currently unsafe and requires demolition and replacement. Both Lancashire County Council and Preston City Council are keen to see this happen, with funding secured by Preston City Council on the condition that a Compulsory Purchase Order is not required. The agreement will impose a statutory duty of maintenance on Lancashire County Council for the bridleway surface. Key terms of the agreement include Preston City Council undertaking the repair or rebuild of the bridge structure within three years, at their own cost, to ensure the safety of bridleway users. The agreement also covers the change in level of the bridleway due to the new, higher bridge and ramped accesses, and that the bridge structure will remain the ownership and responsibility of Preston City Council.
The committee also noted that the recording of a bridleway (BW0602072) on the Definitive Map and a 2003 Order to record bridleway rights over part of the route are believed to have been in error. Officers will take appropriate action to resolve these issues.
The meeting also included a general discussion on guidance relating to the law concerning the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders made under the Highways Act 1980. While the usual guidance was included in the agenda papers, specific annexes were not required for this meeting. Instead, Sections 25 and 29 of the Highways Act 1980 were circulated to assist the committee in their consideration of the Old Tram Bridge report.
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The Highways Act 1980 is a piece of legislation that consolidates various enactments relating to highways in England and Wales. Section 25 specifically allows local authorities to enter into agreements for the dedication of new footpaths or bridleways. ↩
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