Legal Orders and Notices

Published Friday, 7th January 2022

Notices about public footpaths, new tree preservation orders and disposal of land.

Notice of making a Diversion Order

Highways Act 1980, SECTION 119

Borough Council of Pendle (Nelson 70) Public Path Diversion Order 2021

This Order was made on 17 January 2022, under section 119 of the Highways Act 1980. It will divert the full width of that part of Nelson Footpath 70 running from a point on the extension of Marsden Hall Road South at grid reference SD 8735 3727 (Point A on the Order map) in a generally south easterly direction to a pedestrian gate at grid reference SD 8739 3721 (Point B on the Order Map) running to a new line following a constructed footpath between the same points (Points A and B on the Order Map).

You can view a copy of the Order and Order Plan here.

A copy of the Order and the Order Plan may also be viewed at No. 1 Market Street Nelson and on the Council’s website.  Alternatively, a copy may be requested by contacting 01282 661642.

Any representation about or objections to the Order may be sent in writing to:

Head of Legal Services
Borough Council of Pendle
Town Hall
Market Street

no later than 22 February 2022. 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If no such representations or objections are duly made, or if any so made are withdrawn, the Borough Council may confirm the Order as an unopposed Order.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to the Secretary of State for the Environment for confirmation any representations or objections which have not been withdrawn will be sent with the Order.

Date:  21 January 2022

H Culshaw

Head of Legal Services

Compulsory Purchase Order for 80 to 82 Leeds Road, Nelson

Town and Country Planning Act - the Acquisition of Land Act 1981

On the 7 January 2022, the Council has made a Compulsory Purchase Order 2021.

This Order is made under Section 226(1)(a) of The Town and Country Planning Act 1990 (as amended by section 99 of the Planning and Compulsory Purchase Act 2004).

It will be submitted to the Secretary of State for Levelling Up, Housing and Communities for confirmation. If it is confirmed, the Order will authorise us to purchase compulsorily the premises known as 80-82 Leeds Road Nelson Lancashire BB9 9BL so that we can acquire, develop and improve the land. 

The intention is that it will either be developed with two residential units or the present buildings will be refurbished to provide one residential unit on the upper floor together with a shop or commercial premises on the ground floor. This will help to improve the social and possibly economic environment, and the wellbeing of the area.

A copy of the Order and of a Map are at No. 1 Market Street, Nelson, Lancashire, BB9 7LG. They are available to look at Monday to Friday (excluding Bank Holidays) from 9am to 4pm.

If you have an objection to the Order, you must write to:

The Secretary of State for Levelling Up, Housing and Communities
4th Floor
23 Stephenson Street
B2 4BH

before 1 February 2022.

You should include the title of the Order, the grounds of your objection, and your address and interest in the land.

Date: 7 January 2022

Howard P Culshaw

Head of Legal Services

You can read the official Compulsory Purchase Order Notice here.

Public Path Diversion Order

This is the legal notice for the diversion of part of Public Footpaths 55 and 237 in Nelson.

Highways Act 1980

Part of Public Footpaths 55 and 237 Nelson

Public Footpath Diversion Order

On 2 December 2021 The Secretary of State for Environment, Food and Rural Affairs confirmed without modification the above order made under section 119 of the Highways Act 1980

The effect of the order as confirmed is that it will divert parts of footpath 55 and 237 Nelson which form a continuous footpath running from a point on footpath 55 west of Catlow Hall Farm at Grid Reference SD 8819 3647 (Point A) to a point on footpath 237 near 1 Catlow Row at Grid Reference SD 8826 3651 (Point C) to a new line running between the same two shown on the order map.

A copy of the order and the order map can be seen here. Copies of the order and map may be bought at the price of £1.

The order comes into force on the date on which The Borough Council of Pendle certifies that all the work required to bring the public footpath described in Part 2 of the Schedule to the Order into a fit condition for use by the public has been carried out, but if any person aggrieved by the order wants to question its validity, or that of any provision contained in it, on the ground that it is not within the powers of the Highways Act 1980, as amended, or on the ground that any requirement of the Act, as amended, or of any regulation made under the Act has not been complied with in relation to the order, he or she may, under paragraph 2 of Schedule 2 to the Act as applied by paragraph 5 of Schedule 6 to the Act, within six weeks from 10th December 2021, make an application to the High Court.

Date: 10 December 2021

Howard Culshaw

Head of Legal Services