Decision details

A report was presented, for the Committee to note, detailing a decision by the Secretary of State not to confirm the Definitive Map Modification Order in relation to the public footpath from St Paul’s Terrace to Edisford Road, Clitheroe.

An application, under Schedule 14 of the Wildlife and Countryside Act 1981, had been received in 2011, for the addition to the Definitive Map and Statement of a footpath from St Paul's Terrace to Edisford Road, Clitheroe, Ribble Valley.  In 2013, the Regulatory Committee had considered a report of the evidence and had decided to refuse the application and not to make an Order.  The applicant had appealed against this decision and the Secretary of State upheld the appeal and directed the County Council to make the Order.

In July 2014, the Regulatory Committee considered a report of the Secretary of State's direction to make an Order, and had decided to accede to the direction and make an Order, but stated that it did not actively support the Order and agreed to take a neutral stance with regards confirmation of the Order, in the event that there were duly made objections.

In October 2014, the Order was made and objections were duly made.  The Order was submitted to the Secretary of State to decide whether or not to confirm it. The matter was decided on the basis of evidence submitted by way of written representations.  The County Council took a neutral stance.

It was reported that the Secretary of State has now issued a decision not to confirm the Order which justified the Committees decision in 2013.

Resolved:  That the decision by the Secretary of State not to confirm the Lancashire County Council Definitive Map and Statement of Public Rights of Way (Definitive Map Modification) Public Footpath from St Paul's Terrace to Edisford Road, Clitheroe Order, be noted.