Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
i) Addition of public footpaths from Walker Lane to Tanterton Hall Road, Preston
ii) Addition of a public footpath from Walker Lane to Lightfoot Lane, Pres

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Application for footpaths to be added to the Definitive Map and Statement of Public Rights of Way from;

i. Walker Lane to Tanterton Hall Road at Ingol Golf Course, Preston

ii. Walker Lane to Lightfoot Lane at Ingol Golf Course, Preston

in accordance with file 804-379b.

Decisions:

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 routes referred to by the applicant as 'Route 2'. However, due to its length and the fact that it is split by Walker Lane, it has been split down further into routes 2A and 2B for the purpose of this report as described below:

 

Route 2A – Two footpaths from Walker Lane to Tanterton Hall Road shown by a thick dashed line between points A-B-C-D-E-F-G and H-I-J-K-L-E on the Committee plan attached to the agenda papers.

 

Route 2B – A footpath from Walker Lane to Lightfoot Lane shown by a thick dashed line between points V-W-X-Y on the Committee plan attached to the agenda papers.

 

It was noted that, because the application related largely to user evidence pre-dating 2000, details of the 2006 site inspection had been included in the report. This provided a better indication of what existed on the ground, closer to the time that the routes were said to have been used. Further site inspections had been carried out in 2016 and 2017 to see what changes had occurred since the 2006 inspection.

 

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 routes ought to be shown as footpaths.

 

 

Resolved:

 

(i)  That the application to add to the Definitive Map and Statement footpath lengths from Walker Lane to Tanterton Hall Road, Preston, in accordance with file 804-379b, be accepted.

 

(ii)  That the application to add to the Definitive Map and Statement footpath lengths from Walker Lane to Lightfoot Lane, Preston, in accordance with file 804-379b, be accepted.

 

(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 two footpaths from Walker Lane to Tanterton Hall Road, Preston as shown on Committee Plan between A-B-C-D-E-F-G and H-I-J-K-L-E.

 

(iv)  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 Walker Lane to Lightfoot Lane at Ingol Golf Course, Preston as shown on Committee Plan between V-W-X-Y.

 

(v)  That being satisfied that the higher test for confirmation can be met the Orders be promoted to confirmation.

 

Report author: Simon Moore

Date of decision: 11/03/2020

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

Accompanying Documents: