Decision details

A report was presented on a decision on an appeal made by the applicant, under Section 53 and Schedule 14 of The Wildlife and Countryside Act 1981, against the refusal to make a Definitive Map Modification Order, which had been received from the Inspector directed by the Secretary of State for Environment, Food and Rural Affairs to determine the appeal. 

The Committee had considered a report at their meeting on 15 November 2017 on an application for a set of footpaths around Glasson Canal Basin, Thurnham, to be added to the Definitive Map and Statement of Public Rights of Way.  The Committee had resolved that the claim for a public footpath around Glasson Canal Basin be not accepted.  The applicant had appealed against this refusal to the Secretary of State.

It was reported that an Inspector had been directed to consider the appeal, and that he had allowed the appeal, in part.  Details of the appeal decision were provided with the agenda papers. The Committee noted that the county council had been directed to make an order under Section 53(2) and Schedule 15 of the Act, to modify the Definitive Map and Statement for the area to add public footpaths for the following routes:

Route 1 from Point A through Points B and C to Point D;

Route 2 from Point D through Points E, F, Y, G and Z to Point J;

Route 3 from Point J through Points Z, G, X, and I to Point H; and

Route 4 from Point K though Points L and M to Point N.

Resolved:

(i)  That the report be noted.

(ii) That, in light of the Inspector's decision to uphold the appeal lodged in

respect of file numbers 804/519 and 804/555, an order be made pursuant to Section 53 (2) (b) and Section 53 (3) (c) (i) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement of Public Rights of way by adding four Public Footpaths from Tithbarn Hill to School Lane adjacent to Glasson School and around Glasson Dock Canal Basin, Thurnham Parish, Lancaster as shown by a bold dashed line on the attached plan.

(iii) That should no objections be received, the order be confirmed, but if

objections are received the county council as order making authority submit the order to the Secretary of State for formal determination, but the county council shall notify the Secretary of State that it does not actively support the order and to adopt a "neutral stance" as regards confirmation of the order.