Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Deletion and addition of part of Footpath Oswaldtwistle 287, Hyndburn
File No. 804-612

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Investigation into the deletion and addition of part of Footpath Oswaldtwistle 287 from the Definitive Map and Statement in accordance with File No. 804-612.

Decisions:

A report was presented on an investigation into the deletion and addition of part of Footpath Oswaldtwistle 287 from the Definitive Map and Statement of Public Rights of Way.

 

A CON29 local authority search had shown that the recorded legal line of Footpath Oswaldtwistle 287 passed through the property known as 186 Belthorn Road, Oswaldtwistle, Hyndburn, BB1 2NY, along the line marked by a solid black line between points A-B on the Committee plan attached to the agenda papers. The footpath, as recorded on the Definitive Map and Statement had not been subject to a legal Order to divert or extinguish any part of the footpath, and therefore the legal line of the footpath remained along that line.

 

The Committee noted that a thorough search conducted by the county council in relation to the history of the footpath identified that all maps pre-dating the publication of the Revised Definitive Map (First Review) and Statement recorded Footpath Oswaldtwistle 287 along Chapel Street, on the route shown as a thick dashed line between point C and point B as shown on the Committee plan.

 

The Investigating Officer was satisfied that, in this instance, the Revised Definitive Map (First Review) was incorrect due to a drafting error which showed a 'kink' created on the line of the footpath, placing it through the property along the route A-B. It was reported that the correct line of the footpath should be recorded along Chapel Street, between point C and point B on the Committee plan.

 

The owners, who were in the process of selling the property had been advised that a detailed report would be presented to Regulatory Committee Members, seeking approval for a Definitive Map Modification Order to be made to delete the footpath through the property, and for the addition of the footpath on it's correct line.

 

Resolved:

 

(i) That an Order be made pursuant to Section 53 (2)(b) andSection 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to delete from the Definitive Map and Statement of Public Rights of Way part of Footpath Oswaldtwistle 287 through 186 Belthorn Road, and shown between points A-B on the Committee plan.

 

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

 

(iii) That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way a footpath from Belthorn Road along Chapel Street to a point on Footpath Oswaldtwistle 287 as shown on the Committee plan between points C-B.

 

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

 

 

Report author: Simon Moore

Date of decision: 29/01/2020

Decided at meeting: 29/01/2020 - Regulatory Committee

Accompanying Documents: