Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of a Footpath from Footpath Preesall 1 running along the sea embankment and ramp to Fluke Hall Lane, Wyre Borough
File No. 804-502

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Investigation into the addition of a Footpath to be recorded on the Definitive Map and Statement of Public Rights of Way from a point on Footpath Preesall 1 running along the sea embankment and ramp to Fluke Hall Lane, Wyre Borough, in accordance with File No. 804-502.

Decisions:

A report was presented on an investigation into the addition of a Footpath to be recorded on the Definitive Map and Statement of Public Rights of Way from a point on Footpath Preesall 1 running along the sea embankment and ramp to Fluke Hall Lane, Wyre Borough.

 

It was reported that, from the 1960s until the present time, the map and photographic evidence examined supported the user evidence and suggested that the route under investigation was capable of being used. It appeared likely that once the section of sea wall extending from point A to the ramp (point B) as shown on the Committee plan had been constructed, this was more likely to be the route used by people walking the route of Footpath 1, as opposed to traversing the steep bank between point A and point D.

 

The Committee noted that the application had been described as extending from point A to point B, referred to as the public slipway onto Fluke Hall Lane, and that the slipway had no recorded public status. However, to access Fluke Hall Lane it was necessary to walk down the concrete slipway/ramp from point B to point C. The route under investigation therefore included the additional section of the route C-B, and the evaluation was on that basis.

 

A site inspection had been carried out by the county council prior to the submission of the application in 2008, and photographs taken recording what the route looked like at that time. These photographs have been used to describe what the route looked like at that time, and a further site inspection had been carried out by the Investigating Officer in 2019 to note any changes since that time.

 

The Committee were informed that, taking all of the evidence into account, the Committee on balance may consider that the provisions of Section 31 of the Highways Act 1980 could be satisfied. In addition, or in the alternative, Committee were advised they may also consider that it could be reasonably alleged that there was sufficient evidence from which to infer dedication of a public footpath at common law.

 

Resolved:

 

(i)  That the application for a Footpath from a point on Footpath Preesall 1 to 'the public ramp' to be recorded on the Definitive Map and Statement, and shown on the Committee plan by a thick dashed line between point A and point B, in accordance with File no. 804-502, be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath from a point on Footpath Preesall 1 along the sea embankment and ramp to a point on Fluke Hall Lane on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C.

 

(iii)  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: