Decision details

A report was presented on an application for the addition of a Footpath from Blackpool Road to the Preston Guild Wheel Cycle Route with a link to/from North Syke Avenue 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-X-B-C-D and B-E.

A site inspection had been carried out in April 2023.

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.

The legal officer read out a summary of a written objection which had been received late afternoon on 23^rd January from solicitors representing Bloor Homes.

The officer answered questions from Committee.

Committee were informed that the historical evidence showed that A-X-B-C-D was a significant bounded route, marked on old maps as a crossroad which indicated it would have been capable of being used by horses. Even though the route seemed to have fallen into disuse, Committee needed to take the evidence into account and consider whether the route was historically a bridleway.

In conclusion, taking all the evidence into account, Committee were advised that, on balance, inferred dedication of public bridleway rights under common law could be satisfied for section A-D and public footpath rights under common law could be satisfied for section B-E. Committee were therefore recommended to accept the application.

Resolved:

(i) That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a Footpath from Blackpool Road to the Preston Guild Wheel Cycle Route with a link to/from North Syke Avenue be accepted.

(ii) That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add:

a) a Bridleway from Blackpool Road to the Preston Guild Wheel Cycle Route on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee Plan between points A-X-B-C-D and;

b) a Footpath for the link to/from North Syke Avenue to the Definitive Map and Statement of Public Right of Way, as shown on the Committee Plan between points B-E.

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