Agenda item

Highways Act 1980 Section 119 Proposed diversion of Public Footpath no 415009 parish of Millom

[Electoral Divisions: Millom]


To consider a report from the Executive Director – Economy and Infrastructure


A report was considered from the Executive Director – Economy and Infrastructure. The report advised that the County Council was proposing to divert sections of public footpath no 415009 at Haverigg Pool in the parish of Millom.

The Countryside Access Officer made his presentation using plans and photographs.

A member who lived local to the site advised that the situation had been a bone of contention in the area for some time and wondered how the area had been developed due to the location of the Right of Way. He supported the diversion. He referred to a photograph and identified steps which were close to where a boat was moored, steps on the other side of the river and advised that there used to be stepping stones. He asked if this was a Right of Way. The Countryside Access Officer advised that currently it wasn’t but an application could be made to make it so.

After giving his general support, a member queried why the County Council had to pay for the diversion when there were local landlords who could contribute. The Countryside Access Officer had queried this and explained the tragic history behind how it had come to the County Council’s attention. It would incur little cost and officer time to make the diversion. There would be signage to encourage the public to use the new route and although the previous route would not be closed by the County Council, the Parish Council would be involved in how the current route could be closed.

The first member who spoke mentioned how the path was used by boat owners, explained the history behind the use of the footpath by local people and advised that the current path was used to avoid intruding on residents in nearby houses. The Countryside Access Officer explained the methods which would be used to encourage people to use the diverted sections of footpath.

A member asked who owned the land on the proposed route and why was the County Council paying for the diversions. The Chair advised on the landowner, that the diversions were identified to move the route away from residential properties and that property owners had not objected to the proposals.

The Countryside Access Officer talked to members about who owned the majority of land in the UK on which Public Rights of Way were located.

It was moved by Mr Wilson and seconded by Mr Turner that the recommendation as set out in the report be agreed.

The Chair moved to the vote which was cast as follows: 14 in favour of the motion, 0 against and 0 abstentions.

RESOLVED that, pursuant to the power set out at Part 2G paragraph 2.1(g) (iii) of the County Council’s Constitution, an order be made under Section 119 of the Highways Act 1980 to divert sections of public footpath no 415009 from A-B to A-E-F-B and C-D to C-G as shown on the plan at Appendix A and if no objections are received, the order be confirmed.  In the event objections are received and not withdrawn, the matter may be referred to the Secretary of State for consideration.

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