Decision details

A report was presented on an application for a footpath around Glasson Canal Basin, Thurnham, Lancaster City, to be added to the Definitive Map and Statement of Public Rights of Way, in accordance with File Nos. 804/519 and 804/555.

The Committee noted that three separate applications comprising a route very similar to that now claimed, had been considered by Committee in 2001, and a copy of this report had been attached to the agenda papers.  The Committee had decided that there was insufficient evidence to make a Definitive Map Modification Order to record a route around Glasson Dock Canal Basin as a public footpath.  The decision had been appealed by the applicant and subsequently dismissed by the Government Office for the North West stating that, on the balance of probability, there had been insufficient evidence to support the claim.

A further application had been received in 2011 for the addition of a public footpath around part of Glasson Dock canal basin, using a different route to the 1999 application between points A-B and C-E, but followed the exact same route between points B-C-D and points E-F.

After an initial discussion with the applicant about the termination of the application route at point F, it was agreed that the application would not be researched by the County Council until the submission of a second application in 2014, which sought to add a public footpath around the remainder of the canal basin.  The additional footpath claimed was identical to the route claimed in 1999, with the exception of the section between points F-G.

It was reported that, whilst both the 1999 and more recent applications consider, to a large extent the same route, there were a few small differences.  In addition, the current applicant had submitted evidence not previously considered as part of the previous applications.

The Committee noted that a site inspection had been carried out on 2 May 2017 and that the applicant had submitted a lot of user evidence information in support of the application.  The Committee noted that there appeared to be no map and documentary evidence which proved a clear and consistent view that the route around Glasson basin had been created or formally dedicated as a public footpath.  Taking all of the evidence into account, the Committee were advised that the dedication of the claimed route as a public footpath should not be accepted.

Resolved:  That the application for a footpath around Glasson Canal Basin, Thurnham, in accordance with File Nos. 804-519 and 804-555, be not accepted.