Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Footpath from Kellet Road to Dunkirk Avenue, Carnforth
File Number 804-593

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

File Number 804-593

Decisions:

An application under Schedule 14 of the Wildlife and Countryside Act 1981, for the addition to the Definitive Map and Statement of Public Rights of Way of a public footpath from Kellet Road to Dunkirk Avenue, Carnforth had been considered by the Regulatory Committee on 19 September 2018. A copy of the Committee report had been provided with the agenda papers.

 

The Committee had resolved that an Order be made to record the application route, shown by a thick dashed line between points A-B-C-D-E-F on the Committee plan, forming part of that report, as a public footpath.  However, at the site meeting, it became apparent that the walked line through the quarry site was different to the route shown on the Committee plan between point B and C, with the walked line being further east than was originally shown. It was reported that GPS had been used to plot the trodden route.

 

Committee was now asked to consider the trodden route and accept the application on the revised line. The plan had been agreed by the applicant as the correct representation of the line to which the evidence of use refers.

 

Site inspections had been carried out in February 2018 and November 2018.

 

Resolved:

 

(i)  That the revised plan for the addition to the Definitive Map and Statement of a Public Footpath from Kellet Road to Dunkirk Avenue, Carnforth, in accordance with File Number 804-593, be accepted;

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Public Footpath from Kellet Road to Dunkirk Avenue, Carnforth to the Definitive Map and Statement of Public Rights of Way as shown on the revised Committee Plan between points A-B-C-D-E-F.

 

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

Divisions Affected: Lancaster Rural North;

Contact: Claire Blundell Email: claire.blundell@lancashire.gov.uk.

Report author: Claire Blundell

Date of decision: 13/03/2019

Decided at meeting: 13/03/2019 - Regulatory Committee

Accompanying Documents: