Decision details

A report was presented on an application to delete part of Public Footpath 22 Pilling from the Definitive Map and Statement of Public Rights of Way and to add a parallel Public Footpath at Field House, Pilling, in accordance with File No.804-553.

Details of the claim and the evidence relating to it, together with a summary of the law in relation to the Definitive Map and Statement of Public Rights of Way (in the form of Annex 'A') were presented to the Committee.

 Officers requested to add to the recommendations that, if Committee were minded not to delete part of footpath 22 Pilling an Order be made to modify the particulars of the statement in order to clarify where the footpath runs.

The Committee needed to determine where the path ran when it became a public right of way and needed to consider what was recorded on the Definitive Map.

From a legal point of view it had to be decided whether Footpath 22 was there in error. It was advised there was no sufficient evidence of an error nor sufficient evidence of an alternative footpath..

It was put to the Committee that there should be two additional recommendations added, stating that an Order be made to clarify the description of the Footpath 22 Pillingunder Section 53 (2)(b) and Section 53 (c)(iii) and that it that it be promoted for confirmation.The wording of said description was considered by the Committee.

Having examined all the information presented and taking all the relevant evidence into account, the Committee agreed to the two recommendations in the report along with two additional recommendations.

Resolved:

1.  That the application to delete part of Public Footpath 22 pilling from the definitive Map and Statement  of Public Rights of Way, and shown by a thick dashed line between points A-B-C-D-F, in accordance with File No. 804-553, be not accepted.

2.  That the application to add a Public Footpath parallel to the section proposed for deletion to the Definitive Map and Statement of Public Rights of way, and shown by a thick dashed line between points A-E-F, in accordance with File No. 804-553, be not accepted.

3.  That an Order be made pursuant to section 53 (2)(b) and Section 53 (c)(iii) of the Wildlife and Countryside Act 1981 to modify particulars in the Statement of Public Rights of Way relating to the section of the footpath westwards from point A to read:

"Heading in a westerly direction from SD 41192 48302 with a width of 6m along an enclosed track leading to Fieldhouse at SD 41135 48294. This section of the route is approximately 60m in length. From Fieldhouse the route heads in a southerly direction following the route shown on the 1932 25 inch Ordinance Survey map to a former field boundary at SD 41135 48290. The width of the track here starts as 10m near the front of Fieldhouse, the route then runs with a width of 9m when 3.5m from the house, reducing to 3m as it heads south-west passing the former out-buildings. It then follows the line of the 1932 boundary of Fieldhouse in the enclosed track for approximately 110m varying in width from a minimum of 3.6m to a maximum of 5.4m, to join public footpath 21 Pilling at SD 41042 48266."

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