Public footpath could be diverted after town hall chiefs realise 1979 property is blocking official route
A public footpath could be officially diverted - after it emerged that a property built nearly half a century ago blocks the route.
An application to divert the path across Pendle countryside - which may have been blocked by a house and garden built in 1979 - has sparked debate about the route's popularity, neighbours' privacy and property values.
Pendle Council is considering options to deal with the footpath at Craven Game Farm, off Harden Road in Kelbrook. The council believes the situation could be solved by officially diverting the path to reflect what it understands is the modern route used by walkers. If not, some other option, including enforcement action, may be needed.
READ MORE: WASPI MPs hit out at 'disturbing' DWP decision as discussions 'broke down'
READ MORE: He licked his lips and winked at girl on train - now he's where he belongs
Councillors on the borough's West Craven Area Committee have been asked to consider the issues. A national planning inspector may be needed to decide it, if issues cannot be resolved locally.
A council report and map explains the situation with the footpath, numbered FP1305054. It states: "Craven Game Farm is the building shown lying between the existing footpath A – B and the proposed diversion C – B. The existing footpath is currently obstructed by the garden which it crosses, due to boundary structures and changes in ground level.
"Craven Game Farm has a date stone of 1979 and we believe the obstruction of the footpath must date back to around this time. We brought the issue of the obstructed footpath to the attention of the owners of the property who have applied for the diversion order.
"The diversion route may have existed as an alternative since Craven Game Farm was built and the public started using it. What the developer in 1979 failed to do was to secure the legal diversion of the footpath. The proposed diversion order aims to put this right."
Councillors are recommended to allow a top council officer to divert the footpath and formally confirm it, if there are no 'duly-made' objections or if objections are later withdrawn. But if there are objections, the order will be sent to an independent planning inspector.
Pendle Council has written to Kelbrook and Sough Parish Council, Lancashire County Council, borough councillors, utility companies, The Ramblers, the Peak and Northern Footpath Society and local land owners, occupiers and rights-holders.
One objection has come from a property owner in part of the diversion route. According to a West Craven committee report, the owner stated: “The proposed path would run up my driveway and around the corner of my house, directly adjacent to my lounge window which would seriously affect our privacy. Normally public footpaths should be 20 yards or more from a private house.
"I do not agree that this has been used as if it were a public right of way ever since the footpath became obstructed. There are many walkers and walking groups which visit the Kelbrook area and the majority use either footpath FP1305053 or bridleway BW11305018 up Heads Lane.
"Furthermore, we have lived in this property for 35 years and only currently get occasional dog-walkers using the path alongside my house. Your proposal will adversely affect the value of my property and make it more difficult to sell."
Other queries are raised by the property owner too around keeping the route free of obstructions, liability for any injuries suffered by walkers, and neighbours' shared access and car parking.
But Pendle planning officers have replied: "We are not aware of any requirement that a footpath should be a particular distance from a private house. The existing use by dog walkers suggests a level of use as of right. We have not consulted a professional land agent but the officer's view is that any effect on land value would be marginal."
Planning offices say other concerns are addressed in different ways, including responsibilities for private driveways and insurance.
They add: "We often discover issues like this when properties are bought and sold. The consequence adds extra complications buyers and sellers. Having public rights of way properly recorded and open to public use is important."