Decision details

A report was presented on an application for the addition to the Definitive Map and Statement of Public Rights of Way, for a footpath from Heald Lane, through Weir Lodges to Office Road, Bacup, as shown by a thick dashed line between points A1-B and A2-B-C-D-E on the Committee plan attached to the agenda papers.

A site inspection had been carried out in October 2018.

It was reported that, despite some inconsistencies in the evidence, overall the user evidence supported 'as of right' use of the application route, by a large section of the public, for the 20 year period under consideration. In addition, Committee were advised that it was reasonably alleged that an intention to dedicate the route as highway may be inferred at common law, and that user evidence demonstrated an acceptance of that dedication.

Although the application was for the addition of a footpath, the user evidence, whilst fully supportive of a footpath, also suggested regular use of the route as a bridleway.  109 user evidence forms had been submitted; 14 had used either part or the full length of the application route with a horse and 22 had cycled along the route on a regular basis.  44 users had reported seeing others with horses and 36 had seen cyclists.  Committee was advised that use of the application route on cycle and horse appeared to be at such a level to suggest that the public right of way was a bridleway.

It was reported that whether there was sufficient evidence to find, on balance, that the application route subsisted was more difficult at the present time. It was suggested therefore that while the Order ran its course, there would be an opportunity for the user evidence to be considered in more detail and that, not being satisfied that the higher test for confirming the Order could be met, the matter be brought back to Regulatory Committee to decide what stance to take in respect of confirmation of the Order.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of a Footpath from Heald Lane through Weir Lodges to Office Road, Bacup in accordance with File No. 804-603, be accepted subject to the recording of additional rights discovered.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) the Wildlife and Countryside Act 1981 to add a Bridleway from Heald Lane through Weir Lodges to Office Road, Bacup to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A1–B and A2–B–C–D–E.

(iii)  That being satisfied that the higher test for confirming the Order can be met, the matter be returned to Regulatory Committee at a later date to decide what stance to take regarding confirmation of the Order.