Decision details

A report was presented on an investigation into the addition of a public footpath between Public Footpaths No.1 and No.9 Rawtenstall at Love Clough in accordance with file no. 804-518 and the consideration of an Order to add to the Definitive Map and Statement a public footpath.

At the Regulatory Committee meeting in 2005 an application was received for a footpath starting at point A on the Committee plan but following a different alignment to the route that was the subject of this report. The 2005 application was accepted by the Committee at its meeting on 27 September 2006 and a Definitive Map Modification Order was made. Objections were received to the making of the Order and in preparing the matter to submit to the Secretary of State witnesses were interviewed The line they had actually used was not that in the 2006 Order

It was the view of Officers therefore that there was insufficient evidence to promote the 2006 Order through to confirmation and an investigation had now been carried out into the route indicated by the interviewed witnesses as shown on the Committee Plan.

Details of the claim and the evidence relating to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex A) was presented both as part of the report and by officers at the meeting.

Having examined all of the information presented, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence for the addition of a public footpath and that an Order should be made and promoted to confirmation.

Resolved:

1.  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to record a Public Footpath on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D.

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

3.  That the 2006 Order made following the Committee Decision of 27 September 2006 concerning application 804-421 be submitted to the Secretary of State requesting non-confirmation.