Decision details

A report was presented on an investigation into the upgrading of Wrightington Footpath 21 between Moss Lane and Mossy Lea Road, to a bridleway.

The investigation had been carried out into the status of Wrightington Footpath 21 between Moss Lane and Mossy Lea Road following the submission of user evidence by Wrightington Parish Council. The Parish Council was fully supportive of the application. Details of the investigation and the evidence relating to it were presented to the Committee. Letters had been received from residents of various properties with reference to horse use. Some property owners objected to the upgrade to a bridleway.

Under Section 31 of the Highways Act the view was that although some of the landowners objected to the application now, their lack of action meant their objections were too late in law and the twenty years use from 1994 to 2014 has happened and as such the dedication can be deemed under Section 31 to be promoted to confirmation of a bridleway.

Having examined all the information presented, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence to upgrade Wrightington Footpath 21 between Moss Lane and Mossy Lea Road to a bridleway and that an Order be promoted to confirmation.

Resolved:

1.  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53(c)(i) of the Wildlife and Countryside Act 1981 to upgrade Wrightington Footpath 21 between Moss Lane and Mossy Lea Road to bridleway on the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-B-C-D-E-F-G.

2.  That being satisfied that the test for confirmation can be met the Order be promoted to confirmation.