Decision details

A report was presented on the addition to the Definitive Map and Statement of a Bridleway from the western end of Commerce Street (U7305) past Vine Grove Works and Vine Mill to the boundary of the A56, as shown between points A-B on the Committee Plan attached to the agenda papers.

It was reported that the route had no recorded public status and that an investigation had been carried out in relation to the East Lancashire Cycleway project, being implemented by the county council, to determine whether the route – which formed part of the proposed cycleway – should be recorded on the Definitive Map and Statement of Public Rights of Way.

A site inspection had been carried out in January 2019.

The Committee noted that there was no requirement for an application to be made for a definitive map and statement modification order as, once the county council had evidenced that the Definitive Map and Statement required modification, it had a duty to examine the evidence and make a decision accordingly.

The map and documentary evidence, together with more recent site evidence, all suggested that the route had, since that time when it no longer formed part of the original route known as Commerce Street, continued to be available for use on foot, horseback and bicycle, although the nature of its actual use was unknown.

The Committee were informed that, on balance, the map and other documentary evidence was considered sufficient to conclude that the route was a historical public highway, and it was therefore suggested to Committee that inferred dedication could, on balance, be satisfied.

Resolved:

(i)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 for the addition of a bridleway from the western end of Commerce Street (U7305) to the boundary of the A56, Haslingden on the Definitive Map and Statement of Public Rights of Way as shown on the Committee plan between points A and B.

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