Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
i) Addition of Footpaths from Lower Greenfield to the east bank of Sharoe Brook with a spur to Walker Lane, Preston
ii) Addition of Footpath from Walker La

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Application for the addition to the Definitive Map and Statement of Public Rights of Way of:

1. Footpaths from Lower Greenfield to the east bank of Sharoe Brook with a spur to Walker Lane, Preston
2. Footpath from Walker Lane across the former Ingol Golf Course to the junction of Footpaths Fulwood 43 and 46 at Sharoe Brook, Preston

in accordance with File No. 804-379e.

Decisions:

In 2000, an application under Schedule 14 of the Wildlife and Countryside Act 1981 was received for the addition of a number of public footpaths which were 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 was provided.

 

This report considered the route referred to by the applicant as 'Route 5' and, due to its length and the fact that it was split by Walker Lane, it was split down further into two routes:

 

Route 5(1) – Application to record a public footpath from Lower Greenfield to two different points on Walker Lane, Fulwood, Preston, and shown on the Committee plan attached to the agenda papers by a thick dashed line between points A-B-C-D-E-F-G, E-G and a spur D-H.

 

Route 5(2) – Application to record a public footpath from Walker Lane across the former Ingol Golf Course to the junction of Footpaths Fulwood 43 and 46 near Sharoe Brook, Preston and shown on the Committee plan attached to the agenda papers by a thick dashed line between points I-J-K-L-M-N.

 

The Committee 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 claimed to have been used. A further site inspection had been carried out in 2018 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 for the addition to the Definitive Map and Statement of a Footpath from Lower Greenfield to two different points on Walker Lane, Fulwood, Preston City, in accordance with File No. 804-379e, be accepted.

 

(ii)  That the application for the addition to the Definitive Map and Statement of a Footpath from Walker Lane to the junction of Footpaths Fulwood 43 and 46 at Sharoe Brook, Preston City in accordance with File No. 804-379e, 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 a Footpath from Lower Greenfield to a point on the east bank of Sharoe Brook and a point on Walker Lane with a further spur to a different point on Walker Lane,  Fulwood, Preston City on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plans between points A-B-C-D-E-F-G, E-G and D-H.

 

(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 a Footpath from Walker Lane to the junction of Footpaths Fulwood 43 and 46 at Sharoe Brook, Preston City  on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plans between points I-J-K-L-M-N.

 

(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: