The Regulatory Committee of Lancashire County Council met on Wednesday, 26 March 2025, approving recommendations for investigations into public footpaths at Sow Clough and Whitecroft Barn, and a diversion of footpaths at Fleet House. The committee also received an update on previous committee items and reviewed guidance on the law relating to public rights of way.

Wildlife and Countryside Act 1981 Definitive Map Investigation: Whitecroft Barn

The committee approved recommendations to make and promote a Definitive Map Modification Order to correctly record the line and width of public footpath FP0325049 at Whitecroft Barn, Mellor. The existing Definitive Map showed the footpath passing through the footprint of the building, which predates the recording of the right of way. Investigations revealed that the line on the map was likely a drafting error, and the correct route should pass to the side of the building. The approved modification will ensure the legal record accurately reflects the footpath's path.

Wildlife and Countryside Act 1981 Definitive Map Investigation: Sow Clough

Recommendations were approved to make and promote a Definitive Map Modification Order to correct the recorded line and width of public footpath FP1401059 at Sowclough Barn, Bacup. The current Definitive Map showed the footpath on the south side of the building, but historical evidence, including the Provisional Map from the Definitive Map process, indicated the historical line was on the north side. An extension built over the presumed historical line and fencing had led to users taking a trodden line through an adjacent field. The committee agreed to correct the Definitive Map to reflect the historical route on the north side of the barn and delete the erroneous line on the south side.

Addition of Footpath from FP1101135, known as Sandy Lane, Accrington to an unnamed track south east of St Annes and St Joseph's Roman Catholic Primary School - Stance on Confirmation of Definitive Map Modification Order

The committee recommended that the Order Making Authority take a neutral stance when submitting the Definitive Map Modification Order to the Planning Inspectorate for determination. An application had been made in 2007 to record a public footpath, and an Order was made in 2013 to add one of the three originally applied-for routes. However, one objection was received from Lancashire County Council, which owned the land. Officers reviewed the evidence, including user evidence forms submitted between 2004 and 2007, but found it insufficient to meet the higher test for confirming the Order on the balance of probabilities. A neutral stance allows the applicant or supporters to submit further evidence to the Planning Inspectorate.

Highways Act 1980 - Section 119 Wildlife and Countryside Act 1981 - Section 53A Diversion of Footpath FP0132030 and FP0132036 at Fleet House, Tatham

The committee approved the making of an Order under Section 119 of the Highways Act 1980 to divert parts of Footpaths FP0132030 and FP0132036 at Fleet House, Tatham. The existing footpaths pass through the curtilage of the private residential property, and the diversion is intended to enhance the privacy and security of the residents while providing a safe and convenient route for the public. The proposed alternative route will be in adjacent pastures. The committee also agreed that the Order would be made under Section 53A of the Wildlife and Countryside Act 1981 to amend the Definitive Map and Statement accordingly. In the event of objections, the Order will be sent to the Secretary of State, with the Authority taking a neutral stance on its confirmation.

Progress Report on Previous Committee Items

A report was presented updating the committee on the progress of definitive map modification orders and public path orders since the January meeting. The committee noted the contents of the report.

Guidance

The committee received and noted guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders to be made under the Highways Act 1980. The committee agreed to take this guidance into account during their deliberations.