Lancashire County .~~~

Lancashire County .~~~. Council ~~~~ r~~

Phone: 01772 533427 Recorded Fax: 01772 530949 The Chief Executive Emall: [email protected] Chorley Borough Council Town Hall Market Street Your ref: LS/AJ/978 Chorley Our ref: LSG4/JM9/5.44175/JM9 PR7 1 DP Date: 29 October 2012 Lancashire County Council does Dear Sirs not accept service by e-mail.

RE: HIGHWAYS ACT 1980 — SECTION 26 CREATION OF PUBLIC FOOTPATHS OVER LAND AT ULNES WALTON, CHORLEY BOROUGH

refer to previous correspondence in respect of the above-mentioned Order and am now enclosing a Notice of the making of the Order which is required to be served on your Council in this respect. ` am also enclosing an additional copy of the Public Notice together with a copy of the Order and relevant plan and I should be grateful if you could arrange for these to be placed on deposit for public inspection during normal office hours at the Town Hall until the 3~d December 2012. Would you please confirm that these documents have been placed on deposit and would you also confirm that they remain on deposit until the 3rd December 2012. Yours faithfully

~~ d Jennifer Mort Paralegal

Please quote our full reference number on all correspondence ~~~~~ '' ~'°~'

County Secretary and Solicitor's Group v~~ ~~V Le``~~~ INVESTORS ~~_ ~°"~~'"°';,Y P O Box 78 •County Hall •Preston • v v ~d~''O~~en:enlWa',!rr Pew'e P~a~~~«~,~~,~:,~~~,~~,~s«~,~,~<~ LL R~,>,,,E~.~,.~„~n,~uW,;,Y PR18XJ J~ IN PEOPLE "1L1g"~'„~,"'ws Law Society Accredited ~ ;' ' ~ CoIx~Vlo dnA Hes~!iCn! G~mnunxl~cs DX 710928 PRESTON COUNTY HALL STATEMENT OF REASONS FOR MAKING THE ORDEf~

HI~HVIIAXS ACT 1980 WILDLIFE ,AND COlJIVTRYSIDE ACT 1981

PUBLIC PATH ORDER

LANCASHIRE COUNTY COUNCIL

PUBLIC FOOTPATHS AT ULIVES WALTON, CHORLEY BOROUGF~ MUDIFICATION PUBLIC PATHI CREATIO~1 AND D~FINITNVE MAP AND STATEMENT

orders to create, Under the Highways Act 1980, local authorities have the power to make has to be divert or extinguish public rights of way. A notice that an order has been made provides an advertised on the site of the way in question and in the local press. This change. opportunity for the public to make representations or objections to the proposed has Lancashire County Council has made an order to create a footpath. This statement been prepared io explain various aspects of the order.

THIS STATEMENT DOES NOT CORM PART OF THE ORDER on Lancashire County Council has made the order for the fallowing reasons, being satisfied balance that the provisions laid down by the statute for the making of an order have been met.

Lancashire County Counci6 is satisfied that the order complies with the following grounds and tests laid down in the F~ighways Act 1980 and other statutes:

Section 26 of the 1980 Act —There is a nee~~ for a footpath and the authority is satisfied that having regard i:o the extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area and the effect which the creation of the right of way would have on the rights of persons interested in the land, It is expedient that the path or way should be created, Regard is also had to the material provisions of the rights of way improvement plan of Lancashire County Council.

Section 29 of the 1980 Act — Having regard to the needs of agriculture and farestry and the desirability of conserving flora, fauna end geographical and physiographical features.

Section 40 of the Natural Environrrient and Rural Communities Act 20)06 —The Local Authority's duty to have regard to the purpose of conserving biodiversity.

Section 11 of the Countryside Act 1968 — Having regard to the desirability of conserving natural beauty and amenity of the Co~antrysic~e.

The order will come into efFect only after it F~as been confirmed: making and advertising the order simply provides an opportunity fog repr~esentation~ or objections to be made. Represent<~tions or objections relating to fihe order must be made in writing by 3rd December 2072 to Mr Ian Fisher, Lancashire County Council, ~~'U Box 78, County Mall, Preston, PR1 8XJ.(Reference LSG4/PROW/JM9/.5.44175)

If you want to discuss your concerns about this order°, contact the authority: Miss Jenni~Fer Mort, Lancashire County Council, PO Box 78, County Hall, Preston, PR1 8XJ Telephone: 01'772 533427 e-mail: ,9ennifer.Mort:@lancashire.gov.uk

The sight of abjection to an order i~ a utafiu~ory right, but it should be exercised in a reasonable manner.

If no representations or objections are received, or representations or objections which are made are subsequently withdrawn, the cotancil can confirm the order. If representations or objections are made and not withdrawn then the council will refer the order to the Planning Inspectorate for determination. An inspector from fh~ Planning @nspectorate will hear the objections at ~ public hearing or inquiry, or in writing if the objecfiors agree. The inspector can confirm an order, confirm it with modifications, or refuse to confirm it. NOTICE OF A PUBLIC PATH CREATION AND DEFINITIVE MAP AND STATEMENT MODIFICATION ORDER

HIGHWAYS ACT 1980 WILDLIFE AND COUNTRYSIDE ACT 1981

LANCASHIRE COUNTY COUNCIL

PUBLIC FOOTPATHS OVER LAND AT ULNES WALTON, CHORLEY BOROUGH PUBLIC PATH CREATION ORDER 2012

TO: The Chief Executive OF: Chorley Borough Council, Town Hall, Market Street, Chorley, PR7 1 DP

The above Order, made on 24th October 2012, under section 26 of the Highways Act 1980, will create three public footpaths at Ulnes Walton, Chorley Borough, from point A to B, from point C to D and along E — F —Gas shown on the Order Map.

A copy of the Order and the Order Map have been placed and may be seen free of charge at the offices of Chorley Borough Council and at my offices from gam to 5pm on weekdays. Copies of the Order and Map may be bought there at the price of £1.00.

Compensation for depreciation or damage for disturbance and arising as a result of the coming in to force of the Order is payable under Section 28 as applied by Section 121(2) of the Highways Act 1980 (as amended by the Transport and Works Act 1992).

Any representations about, or objections to the Order may be sent in writing to the County Secretary and Solicitor, Lancashire County Council, PO Box 78, County Hall, Preston, PR1 8XJ (REF: LSG4/JM9/5.44175) not later than the 3rd December 2012. Please state the grounds on which they are made.

If no such representations or objections are duly made, or if any so made are withdrawn, is Lancashire County Council may confirm the Order as an unopposed Order. If the Order or sent to the Secretary of State for the Environment for confirmation any representations objections which have not been withdrawn will be sent with the Order.

Dated this 30th day of October 2012

IAN FISHER County Secretary &Solicitor Lancashire County Council County Hall Preston PR1 8XJ

This does not form part of the above Notice

Please note that information supplied will be used in accordance with the processes under Statute and will not be confidential and may be disclosed to third parties. MODIFICATION ORDER PUBLIC PATH CREATION AND DEFINITIVE MAP AND STATEMENT

HIGHWAYS ACT 1980 WILDLIFE AND COUNTRYSIDE ACT 1981

LANCASHIRE COUNTY COUNCIL NO. 8 PUBLIC FOOTPATHS AT ULNES WALTON, CONNECTING WITH PUBLIC FOOTPATH PUBLIC PATH CREATION ORDER 2010 26 of the This Order is made by Lancashire County Council ("the Authority") under Section regard to the Highways Act 1980( "the 1980 Act") because it appears to the Authority that, having which this matters set out in Section 26(1), there is a need for public footpaths over the land to Order relates, and that it is expedient that the paths should be created. "the 1981 This Order is also made under section 53A(2) of the Wildlife and Countryside Act 1981 ( Rights of Act") because it appears to the Authority that the Definitive Map and Statement of Public event Way for the County of Lancashire require modification in consequence of the occurrence of an of specified in section 53(3)(a)(iii) of the 1981 Act, namely, the creation (as authorised by this Order) a anew right of way over land in the area to which the map contained in this Order relates, being right of way such that the land over which the right subsists is a public footpath. by Chorley Borough Council and Ulnes Walton Parish Council have been consulted as required Section 26(3) of the 1980 Act.

BY THIS ORDER

1. There shall be at the end of fourteen days from the date of confirmation of this Order public footpaths over the land at Ulnes Walton in the Borough of Chorley described in Part 1 of the Schedule to this Order and shown by a bold broken line on the map contained in this Order, and thereupon the Definitive Map and Statement of Public Rights of Way for the County of Lancashire shall be modified by adding those paths to it, and the definitive statement shall be modified as described in Part 2 of the schedule to this order;

SCHEDULE

PART 1 DESCRIPTION OF LAND

The new footpaths to be created consist of three short sections of path that will all connect to the existing route of Public Footpath No. 8 Ulnes Walton;

a) The footpath commences at point A on the plan, which is a point on the existing length of Public Footpath No. 8 Ulnes Walton. It extends in an east north easterly direction, close to the edge of a field on top of the bank of the River Lostock to rejoin Public Footpath No. 8 Ulnes Walton at point B, a total distance of approximately 240 metres.

b) The second section commences at point C on the plan, which is a point on the existing length of Public Footpath No. 8 Ulnes Walton. It extends in an east north easterly direction, close to the edge of a field on top of the bank of the River Lostock to rejoin Public Footpath No. 8 Ulnes Walton at point D, a total distance of approximately 35 metres. c) The third section commences at point E on the plan, which is a point on the existing length of Public Footpath Na. 8 Ulnes Walton. It extends in an east south easterly and then east north easterly direction close to the edge of a field on top of the bank of the River Lostock crossing Public Footpath No. 6 Ulnes Walton at point F and continuing east north easterly to rejoin Public Footpath No. 8 Ulnes Walton at point G, a total distance of approximately 45 metres.

The public footpaths to be created by the proposed order will be 2 metres wide and will not be subject to any limitations or conditions.

PART 2 MODIFICATION OF DEFINITIVE STATEMENT

Position column to read:

"Parish Boundary at Littlewood Bridge to Parish Boundary near Mill Platt and along the boundary to join path No.10. An additional section from SD 5133 1984 runs in a generally east north easterly direction, close to the edge of a field and the bank of the River Lostock to SD 5154 1995. A further section from SD 5157 1997 runs in a general east north easterly direction, close to the edge of a field and the bank of the River Lostock to SD 5160 1998. A further section from SD 5166 1998 runs in an east south easterly and then east north easterly direction close to the edge of a field and the bank of the River Lostock crossing Public Footpath No. 6 Ulnes Walton at SD 5169 1997 and continuing east north easterly to SD 5170 1998. All distances and directions are approximate."

The entry in the Other Particulars column to be added to read:

"The width of the 3 sections on top of the river bank between points SD 5133 1984 and SD 5154 1995, between SD 5157 1997 and SD 5160 1998 and between SD 5166 1998 and SD 5170 1998 is 2 metres. There are no limitations or conditions on these 3 sections."

Dated this ~~-`" day of G~,~o~~r' 2012

THE COMMON SEAL of the ) Lancashire County Council ) was hereunto affixed in the presence of )

Authorised Signatory v,,~ ~~ .. `3 ~~ ~~W.:~ ~~i 3,-13UU 3,-14UU SJIJVU J,IOVU .~,``

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~ancash.'ve Jo Turton Highways Act 1980 Section 26 \ ^a - 1:1250 county Executive Diret4or Creation of three lengths of public footpath connecting Public Footpath no. 8 Ulnes Walton, Chorley District ~1 co~~,~~i ~~ for the Environment N

This Nlap is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty's Stationery Office (C) Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to Prosecution or civil proceedings. Lancashire County Council Licence No. 100023320 NOTICE OF A PUBLIC PATH CREATION AND DEFINITIVE MAP AND STATEMENT MODIFICATION ORDER

HIGHWAYS ACT 1980 WILDLIFE AND COUNTRYSIDE ACT 1981

LANCASHIRE COUNTY COUNCIL

PUBLIC FOOTPATHS OVER LAND AT ULNES WALTON, CHORLEY BOROUGH PUBLIC PATH CREATION ORDER 2012

Any representations about, or objections to the Order may be sent in writing to the County Secretary and Solicitor, Lancashire County Council, PO Box 78, County Hall, Preston, PR1 8XJ (REF: LSG4/JM9/5.44175) not later than the 3~d December 2012. Please state the grounds on which they are made.

If no such representations or objections are duly made, or if any so made are withdrawn, Lancashire County Council may confirm the Order as an unopposed Order. If the Order is sent to the Secretary of State for the Environment for confirmation any representations or objections which have not been withdrawn will be sent with the Order.

Dated this 30th day of October 2012

IAN FISHER County Secretary &Solicitor Lancashire County Council County Hall Preston PR1 8XJ

This does not form part of the above Notice

Please note that information supplied will be used in accordance with the processes under Statute and will not be confidential and may be disclosed to third parties. ORDER PUBLIC PATH CREATION AND DEFINITIVE MAP AND STATEMENT MODIFICATION

HIGHWAYS ACT 1980 WILDLIFE AND COUNTRYSIDE ACT 1981

LANCASHIRE COUNTY COUNCIL 8 PUBLIC FOOTPATHS AT ULNES WALTON, CONNECTING WITH PUBLIC FOOTPATH NO. PUBLIC PATH CREATION ORDER 2010

This Order is made by Lancashire County Council ("the Authority") under Section 26 of the Highways Act 1980( "the 1980 AcY') because it appears to the Authority that, having regard to the matters set out in Section 26(1), there is a need for public footpaths over the land to which this Order relates, and that it is expedient that the paths should be created.

This Order is also made under section 53A(2) of the Wildlife and Countryside Act 1981 ("the 1981 Act") because it appears to the Authority that the Definitive Map and Statement of Public Rights of Way for the County of Lancashire require modification in consequence of the occurrence of an event specified in section 53(3)(a)(iii) of the 1981 Act, namely, the creation (as authorised by this Order) of anew right of way over land in the area to which the map contained in this Order relates, being a right of way such that the land over which the right subsists is a public footpath.

Chorley Borough Council and Ulnes Walton Parish Council have been consulted as required by Section 26(3) of the 1980 Act.

BY THIS ORDER

SCHEDULE

PART 1 DESCRIPTION OF LAND

The new footpaths to be created consist of three short sections of path that will all connect to the existing route of Public Footpath No. 8 Ulnes Walton;

b) The second section commences at point C on the plan, which is a point on the existing length of Public Footpath No. 8 Ulnes Walton. It extends in an east north easterly direction, close to the edge of a field on top of the bank of the River Lostock to rejoin Public Footpath No. 8 Ulnes Walton at point D, a total distance of approximately 35 metres. c) The third section commences at point E on the plan, which is a point on the existing length of P~~blic Footpath Nn. 8 Ulnes Walton. It extends in an east south easterly and then east north easterly direction close to the edge of a field on top of the bank of the River Lostock crossing Public Footpath No. 6 Ulnes Walt~r7 at point F and continuing east north easterly to rejoin Public Footpath No. 8 Ulnes Walton at point G, a total distance of approximately 45 metres.

The public footpaths to be created by the proposed order will be 2 metres wide and will not be subject to any limitations or conditions.

PART 2 MODIFICATION OF DEFINITIVE STATEMENT

Position column to read:

The entry in the Other Particulars column to be added to read:

"The width of the 3 sections on top of the river bank between points SD 5133 1984 and SD 5154 1995, befinreen SD 5157 1997 and SD 5160 1998 and between SD 5166 1998 and SD 5170 1998 is 2 metres. There are no limitations or conditions on these 3 sections."

Dated this 2~-`" day of C;c~L~~r 2012

THE COMMON SEAL of the ) Lancashire County Council ) was hereunto affixed in the presence of )

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~ancash~re ~~ r~rt~~ Highways Ac41980 Section 26 co~n~y - wa - Director t<,a ExecuTive Creation of three lengths of public footpath connecting Public Footpath no. 8 Ulnes Walton, Chorley District 1:1250 N1 o~~ i ~. for the Environment

The digitised Rights of Way information should be used for guidance only as its accuracy cannot be guaranteed. Rights of Way information must be verified on the current De£nitive Map before being supplied or used for any purpose. This Map is reproduced from Ordnance Survey ma4erial with 4he permission of Ordnance Survey on behalf of the controller of Her Majesty's Stationery Office (C) Crown Copy~ght. Unauthorised reproduction infringes Crown Copyright - and may lead to Prosecution or civil proceedings. Lancashire County Council Licence No. 100023320