Decision details

A report was presented on an application for the upgrade of part of Footpath FP0119005 and addition of a Bridleway to the Definitive Map and Statement along Green Lane between A65 (Long Level) at Long Streets and Church Lane at Todgill Farm, Ireby. The application route was shown on the Committee plan attached to the agenda papers between points A-B-C-D.

A site inspection had been carried out in September 2021.

A variety of maps, plans and other documents had been examined to discover when the route came into being, and to try to determine what its status may be.

It was reported that point A-B formed part of the publicly maintained highway, the A65. Point B-C was currently recorded as footpath FP0119005 on the Definitive Map and Statement and point C-D was not currently recorded.

Committee were advised that the fact that part of the application route was not presently recorded did not mean that it did not carry public rights of way as disuse of a route did not take away the public rights. As there had been no legal stopping up of those rights, it was advised that the legal maxim "once a highway always a highway" applied.

Committee were informed that, if they were content that there was sufficient evidence of an old vehicular highway between point B-D, the Natural Environment and Rural Communities Act 2006 would have extinguished mechanically propelled vehicular rights, leaving the route to be appropriately recorded as a restricted byway.

Resolved:

(i)  That the application for the upgrade of part of Footpath FP0119005

and addition of a Bridleway along Green Lane between A65 (Long Level) at Long Streets and Church Lane at Todgill Farm, Ireby be accepted in part and subject to a status of restricted byway not bridleway.

(ii) That an Order(s) be made pursuant to Section 53 (3)(c)(i) and (ii) of the Wildlife and Countryside Act 1981 to upgrade part of Footpath FP00119005 and add a restricted byway along Green Lane between the A65 (Long Level) at Long Streets and Church Lane at Todgill Farm, Ireby on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points B-C-D.

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