Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Bridleway from Cragg Road to Helks Brow, Wray-with-Botton

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Definitive Map Modification Order Investigation
Addition of Bridleway from Cragg Road to Helks Brow, Wray-with-Botton

Decisions:

A report was presented on an application for the addition of a bridleway from Cragg Road to Helks Brow, Wray-with-Botton, to the Definitive Map and Statement of Public Rights of Way, as shown on the Committee Plan attached to the agenda papers between points A-B-C-D.

 

It was reported that a correction needed to be made to some wording in the section on Highways stopping up orders on page 84. The revised wording was circulated to Committee (copy attached).

 

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.

 

The Officer answered questions from Committee.

 

On balance and given the nature of the evidence, Committee were advised that the evidence of the application route having become a public bridleway was insufficient. Committee were advised that they may conclude, applying the relevant tests, that it could not be asserted that a bridleway "subsisted" or was "reasonably alleged to subsist".

 

Resolved: That the application for the addition of a bridleway from Cragg Road to Helks Brow, Wray-with-Botton, be not accepted.

 

Divisions Affected: Lancaster Rural East;

Contact: Simon Moore Email: simon.moore@lancashire.gov.uk.

Report author: Simon Moore

Date of decision: 15/11/2023

Decided at meeting: 15/11/2023 - Regulatory Committee

Accompanying Documents: