Decision details

A report was presented on an application for recording on the Definitive Map and Statement a public bridleway, along part of Birch Hall Lane, Footpath Earby 38 and Dark Lane to County boundary, in accordance with File No. 804-507.

A previous application under Schedule 14 of the Wildlife and Countryside Act 1981 had been submitted to the County Council in 2009 by Trawden Forest and Border Bridleway Association, for the lane known as Dark Lane, Earby to be recorded on the Definitive Map and Statement as a bridleway.

A corresponding application had also been made to North Yorkshire County Council, comprising the same evidence for the continuation of Dark Lane from the County boundary to be recorded as bridleway, and also for a lane known as Dodgson Lane to be recorded as bridleway.  An Order was subsequently made to record Dodgson Lane as a restricted byway but the application for the Yorkshire portion of Dark Lane was rejected.  A copy of the report considered by North Yorkshire County Council had been provided with the agenda papers.

Various maps, plans and other documents had been examined with reference to the route under investigation and a site inspection had been carried out on 3^rd April 2017.

The site evidence supported the view that the application route could have been used, and probably had been used by the public on horseback, and possibly with horse drawn vehicles and mechanically propelled vehicles between points A-B-C.  In addition, the site evidence supported the view that the route between points C-D was a very old (sunken) route which was not currently accessible due to fencing and overgrowth.  However, if the overgrowth were to be cleared, the route would be wide enough for use by horses and small carts.

The Committee noted that objections to the proposal by Earby Town Council had been addressed in the summary section of the report and, whilst these objections were acknowledged, it was considered that the concerns raised were not relevant considerations under either S31 Highways Act 1980 or under Common Law.

In response to a query, David Goode confirmed that if the Committee were minded to approve the recommendations, then the County Council would be responsible for clearing the route, once the Order had been confirmed.

Resolved: 

(i) That the application to record on the Definitive Map and Statement, a

bridleway along part of Birch Hall Lane, Footpath Earby 38 and Dark Lane to

County boundary, in accordance with File No. 804-507, be accepted in part.

section C-D shown on the committee plan being accepted as a bridleway and

section A-B-C shown on the committee plan being not accepted;

(ii) That an Order(s) be made pursuant to Section 53(2)(b) and Section 53(3)(b) and/or Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, to add a bridleway on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points C-D;

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