Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Investigation into the public rights over the route from Keighley Road at Parson Lee Farm along Smithy Clough, Trawden, Borough of Pendle
File No. 804-611<b

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Investigation into the public rights over the route from the eastern end of Keighley Road at Parson Lee Farm along Smithy Clough to the junction with Bridleway Trawden 191 and Byway Open to all Traffic (BOAT) Trawden 254, Pendle, in accordance with File No. 804-611

Decisions:

A report was presented on an investigation into the public rights over the route from the eastern end of Keighley Road at Parson Lee Farm along Smithy Clough to the junction with Bridleway Trawden 191 and Byway Open to all Traffic Trawden 254, Pendle, as shown between points A-B-C-D on the Committee plan attached to the agenda papers.

 

It was reported that the route formed part of promoted footpath – the Bronte Way – and the Pennine Bridleway National Trail but that it currently had no recorded public status.

 

A site inspection had been carried out in May 2019.

 

The Committee were advised that, on balance, the map and other documentary evidence was considered sufficient in itself to conclude that the route was a historical public highway, and it was suggested to Committee that inferred dedication could, on balance, be satisfied. Although the route had historical evidence of public carriageway rights, it was no longer possible to record the route as a byway open to all traffic, due to the introduction of Section 67 Natural Environment and Rural Communities Act 2006. The implication of this Section meant that the highest status that could be achieved by this route was that of restricted byway.

 

Taking all of the evidence into account and noting how the route was recorded on the old county maps and the investigations of the Head of Service for Planning and Environment, it was suggested to Committee that on a balance of probabilities there was sufficient evidence that the route ought to be shown as a restricted byway.

 

Resolved:

 

(i)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Restricted Byway on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D.

 

(ii)  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: 11/03/2020

Decided at meeting: 11/03/2020 - Regulatory Committee

Accompanying Documents: