Decision details

A report was presented on an application for the addition to the Definitive Map and Statement, of a restricted byway from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School, to a point on highway F8761, known as Summer Street, as shown between points A-B-C-D on the Committee plan attached to the agenda papers.

It was reported that the application route crossed land forming part of Lathom High School, running along a tarmac road, immediately south of the school buildings and between the buildings and adjacent school fields and tennis courts.

A site inspection had been carried out on 13 September 2017.

The applicant had provided 5 user evidence forms that indicated knowledge and use of the route, and all 5 users stated that they had used the route for 20 years or more, with 2 users claiming to have used the route on pedal cycle, whilst the other 3 users claimed only to have used the route on foot.

The Committee noted that West Lancashire District Council had been consulted and no response had been received, therefore it was assumed they had no comments to make.

The Committee noted that the main purpose given for using the route was to access local amenities, including the doctors, vets and shops; the users also claimed to have used the route for pleasure including visiting friends/family and dog walking.

Section 31, Highways Act 1980, as amended by section 68 of NERC 2006, provides that use of a way by non-mechanically propelled vehicles (such as a pedal cycle) can give rise to a restricted byway.  The Committee was therefore asked to consider whether the use by two users on pedal cycles would be sufficient to deem dedication by the owner as a route for non-mechanically propelled vehicles.  It was suggested that such use was insufficient in this matter. It was further suggested that the small number of users in the context of this urban setting was insufficient to deem any public rights.

The Committee also needed to consider whether there were circumstances from which dedication could be inferred at common law.  The map evidence suggested that the application route did not exist before the development of the school which opened in 1969.  The route was shown on a plan of Tawd Valley Park dated 1974 but did not form part of the park.

In 1985, the route was shown on the 1:2500 OS Map noted as Summer Street, however the original line of Summer Street was the subject of a Highway Extinguishment Order in 1972.

Therefore, it was considered that the mapping and user evidence taken together were insufficient from which to infer dedication under common law.

Resolved:  That the application for a Restricted Byway from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School to a point on highway F8761 (known as Summer Street) and shown on the Committee plan between points A-B-C-D, in accordance with File No.804-591, be not accepted.