Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Footpath between Lightfoot Lane and Tanterton Hall Road, Preston
File No. 804-379a
Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
In 2000, an application under Schedule 14 of the Wildlife and Countryside Act 1981 had been received for the addition of a number of footpaths which had been described by the applicant as being situated on land forming part of Ingol Golf Course, and as having been provided by the former Central Lancashire Development Corporation. Five separate sets of routes had been listed and numbered 1 to 5, and evidence in support of each route had been provided.
This report considered the route referred to as 'Route 1' – the addition of footpath length from Lightfoot Lane to Tom Benson Way and continuing to meet Footway F8513 at Tanterton Hall Road. The route was shown between points A-B-C and D-E-F-G-H-I-J-K-L on the Committee plan attached to the agenda papers.
Although the route had recently been inspected, because the application related largely to user evidence predating 2000, details of the 2006 site inspection had been included in the report rather than a detailed description of the site in 2016, as the 2006 inspection provided a better indication of what existed on the ground, closer to the time that the routes were said to have been used.
The Committee were advised that, in addition to the user evidence, map and documentary evidence should also be considered.
Taking all of the evidence into account and noting 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 footpaths.
(i) That the application to add to the Definitive Map and Statement footpath lengths between Nog Tow and Tanterton, Preston, in accordance with file 804-379a, be accepted.
(ii) 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 two footpaths between Lightfoot Lane and Tom Benson Way and between Tom Benson Way and Tanterton Hall Road, Fulwood, Preston City to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C and D-E-F-G-H-I-J-K-L.
(iii) That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation.
Report author: Joanne Lawson
Date of decision: 11/03/2020
Decided at meeting: 11/03/2020 - Regulatory Committee