Decision details

A report was presented on an application for the addition to the Definitive Map and Statement of a footpath from Lancaster Road, Pilling to Public Footpath 19 Pilling, Wyre Borough, shown on the Committee plan between point A and point E attached to the agenda papers.

A site inspection had been carried out in November 2007.

The applicant had provided 33 user evidence forms which showed use of the route from as early as 1940.  The user forms suggest that, on balance, the route had been used as of right and without force, secrecy or interruption.

Considering the historical map evidence, it was suggested that there was insufficient historical map evidence from which public rights could be inferred from this but looking at the user evidence it appeared that no clear actions were taken by owners, and use by the public continued over several years prior to 1989, such that on balance there may be sufficient evidence from which to infer dedication at common law.

The Committee noted that Wyre Borough Council had been consulted and confirmed that they had no comments to make.  Pilling Parish Council supported the application stating that the route had been used for many years.

It was reported that numerous alterations to properties along the route had been made.

A dedication under S31 cannot be deemed if changes to the route interrupted use or served to indicate sufficiently an intention that the route was not a public right of way.  Where the boundaries had changed over the qualifying period, the only part of the width of the way which could be deemed to have been dedicated was that which had been available and used by the public throughout that period. This was about 2m width despite the fact that for much of the period a greater width had been available to one side or the other of that 2m. There was no evidence that use of this width was interrupted, and no evidence of a lack of intention to dedicate a public route.

The Committee noted that, on balance, and after careful consideration, it was suggested that the criteria under S31 could be satisfied.  Taking all the information into account, the Committee were advised they may consider that a dedication of a footpath could be deemed or inferred, and that it was appropriate that an Order be made and promoted to confirmation.

Resolved: 

(i)  That the application for a Footpath from Lancaster Road, Pilling to

Footpath 19 Pilling, to be added to the Definitive Map and

Statement of Public Rights of Way, in accordance with File No. 804-459 be accepted.

(ii)  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 add a Footpath from Lancaster Road, Pilling to Footpath 19 Pilling to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A and E.

(iii)  That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.