Decision details

A report was presented on an application for the upgrade of a footpath to, and addition of, a bridleway to the Definitive Map and Statement of Public Rights of Way from Back Lane (C514) to Melling Moor (U3638), Melling with Wrayton. The application route was shown on the Committee plans attached to the agenda papers between points A-B-C-D-E-F-G-I.

A revised Committee Plan 2 (copy attached) was circulated to Committee Members at the meeting showing the location of a gateway at point X.

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 A-F was currently recorded as footpath on the Definitive Map and Statement and that the rest of the application route was not currently recorded.

Committee were advised that the claimed route had been shown since circa 1845 on numerous maps, and that it connected to a network of other public highways. The evidence presented in the maps was consistent with a way that carried at least a public bridleway. However, there was less convincing evidence, on balance, as to whether public vehicular rights existed.

Given the nature and amount of the evidence, it was advised that the evidence of the application route having become a public bridleway was sufficient and that Committee may conclude, applying the relevant tests, that it could be concluded that a bridleway “subsists".

The Officer answered questions from Committee.

Resolved:

(i) That the application for a bridleway to be recorded from Back Lane to Melling Moor, Melling with Wrayton, be accepted.

(ii) That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3) (c)(i) and (ii) of the Wildlife and Countryside Act 1981 to record a bridleway on the Definitive Map and Statement of Public Rights of Way from Back Lane to Melling Moor as shown on the Committee Plans between points A-B-C-D-E-F-G-I. 

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