Stubbins - Accrington footpath being destroyed

[Stuart A]

The old Accrington railway line embankment which left the Rawtenstall line at Stubbins had a loveley footpath running along it starting from the site of Stubbins Station.

The previous mill owners allowed people to use it as a permissive footpath after they bought the land sometime after the line closed on 1979.

They sold the mill and associated surrounding land to another company last year. In November the new company who has moved from bury and manufactures road traffic cones and associated TM closed the footpath claiming H&S risk of falling trees.

This triggered the residents association to apply for a DMMO - a map modification order, which would then legally recognise the footpath. Coincidentally, after the new owners found out, they arranged most of the woodland to be destroyed last weekend. Rossendale BC say that they did not need permission to remove the trees (although the forestry commission might have issues with the volume removed).

 

It used to be my local path for walking the dog, with the kids looking at nature and trains on the ELR.

 

Just thought I'd mention it if anyone is interested.  One of the residents has a petition running to try and stop any more development, however the planning dept have said that the company has told them they will be applying for planning permission to remove the embankment (which is currently classed as green belt).  I'm expecting them just to excavate without permission and then apply for retrospective planning.

 

https://www.change.org/p/melba-swintex-putting-strongstry-back-on-the-map-give-us-a-voice

 

 

[34theletterbetweenB&D]

Twenty years uninterrupted access makes possible a claim that a (footpath) right of way is established. The landowner can challenge, but doesn't have to maintain the identical route if the claim of right of way is successful; deviations are acceptable, so long as the functional access is maintained.