Decision details

A report was presented on an application for the addition of a Footpath from Cotton Tree Lane, Colne to 13-04-FP202 to the Definitive Map and Statement of Public Rights of Way. The application route was shown on the Committee plan attached to the agenda papers between A-B-C-D.

A site inspection had taken place in April 2022.

This application had been submitted based on 'modern' user evidence and the route did not appear to have come into existence until a bridge had been erected across Colne Water, as shown between point A and point B on the Committee plan. Land Registry information suggested that the bridge had been erected sometime after 1971 and no maps or photographs inspected prior to that time showed the bridge.

For this reason, maps and documents predating the 1970s – whilst having been checked by the Investigating Officer – had not been included in the report, as the route could not have existed until access was available across Colne Water and there was no evidence to suggest that, before that time, a different route to/from Cotton Tree Lane had been used.

In conclusion, taking all the evidence into account, the Committee were informed that they may, on balance, consider that the provisions of Section 31 of the Highways Act 1980 could be satisfied. Committee were also advised that they may consider it could be reasonably alleged that there was sufficient evidence from which to infer dedication of a public footpath at common law.

Committee were asked to consider whether they were satisfied that there was sufficient evidence from which to infer dedication and, if so, to make the Order as set out within the Recommendation in the Committee report.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a Footpath from Cotton Tree Lane, Colne to 13-04-FP202 be accepted.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to record a Footpath from Cotton Tree Lane, Colne to 13-04-FP202 on the Definitive Map and Statement of Public Rights of Way.

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