Agenda and minutes

Venue: Committee Room 'B' - The Diamond Jubilee Room, County Hall, Preston. View directions

Contact: Joanne Mansfield (Tues-Fri am)  Tel: (01772) 534284, Email:  joanne.mansfield@lancashire.gov.uk

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Items
No. Item

1.

Apologies

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Minutes:

Apologies for absence were received from County Councillor Terry Aldridge.

 

County Councillor Bernard Dawson replaced County Councillor Jean Parr.

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

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Minutes:

No pecuniary or non-pecuniary interests were disclosed.

3.

Minutes of the last meeting pdf icon PDF 72 KB

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Minutes:

Resolved:  That the minutes of the last meeting held on 14 November 2018 be confirmed and signed by the Chair.

4.

Guidance pdf icon PDF 82 KB

Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders to be made under the Highways Act 1980 is presented for the information of the Committee.

 

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Minutes:

A report was presented providing guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and the law and actions taken by the Authority in respect of certain Orders to be made under the Highways Act 1980.

 

Resolved: That the Guidance set out in Annexes 'A', 'B' and 'C' of the report presented, be noted.

5.

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Addition of a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2 pdf icon PDF 8 MB

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Minutes:

A report was presented on an application by Up Holland Parish Council, under Schedule 14 of the Wildlife and Countryside Act 1981, for a footpath to be added along Ayrefield Road past Ayrefield House to Footpath Up Holland 2 on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D, attached to the agenda papers.

 

David Goode pointed out two errors on the report:

 

·  Page 31 Recommendation (i) should read ...'for a footpath along Ayrefield Road…'

·  Page 73 first sentence under Landownership should read …'at the very western end of the route …'

 

A site inspection had been carried out on 18 September 2018.

 

The Committee noted that the map and documentary evidence examined supported the view that the route had existed since at least the late 19th Century and that, until 2014, use of the route had been unchallenged.

 

It was advised that for the period 1994 to 2014, there was sufficient evidence of 'as of right' use of the route by the public between points A and D to raise a presumption of dedication.

 

Taking all the evidence into account, and on the balance of probabilities, it was suggested that the Committee may consider that the higher statutory test for dedication of a public right of way between points A to D could be satisfied.  In addition, Committee may also consider that the common law test for inference of dedication had been satisfied for the full extent of the route claimed.  Committee was therefore advised to accept the claim for the route marked A-B-C-D to be added to the Definitive Map and Statement as a public footpath and to promote the order to confirmation.

 

Resolved:

 

(i)  That the application for a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2, in accordance with File No. 804-600, be accepted.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981, to add a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2, on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D.

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

 

 

6.

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Bridleway from Coastal Road to Lancaster Canal towpath, Bolton-le-Sands, Lancaster
File No. 804-602
pdf icon PDF 7 MB

Additional documents:

Minutes:

A report was presented on an application under Schedule 14 of the Wildlife and Countryside Act 1981 for a restricted byway to be recorded on the Definitive Map and Statement of Public Rights of Way from Coastal Road to the Lancaster Canal, Bolton-le-Sands, shown by a thick dashed line between points A-B on the Committee plan attached to the agenda papers.

 

David Goode pointed out that there was an error in the report and that the application was for a restricted byway, not a footpath as had been stated in the report.

 

It was reported that, from 1846 to the current day, all map and documentary evidence examined suggested that the route had remained unaltered and, although gated at point A and point B for at least some of its existence, the route appeared to have been capable of being used, subject to being able to get through, round or over any gates, and supported the user evidence submitted as part of the application, to gain access to and from the canal towpath.

 

The user evidence clearly showed the use of the route on foot and on bicycle for an extensive period without any apparent interruption.  No user claimed to have been stopped or turned back from using the route, nor had any signage been erected to deter users.

 

It was suggested that the Committee may consider that there had been as of right use for the twenty year period without any interruption, and without any sufficient overt acts demonstrating an intention not to dedicate by the owners during that period.  Taking all the evidence into account, on balance, it was suggested that Committee may consider that there was sufficient evidence from which a dedication of this route as a bridleway could be deemed under Section 31 of the Highways Act 1980, or inferred under Common Law, and that the application be accepted with the modification that the route is recorded as a bridleway.

 

Resolved:

 

(i)  That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a restricted byway from Coastal Road to the Lancaster Canal, Bolton-le-Sands, in accordance with File No. 804-602, be accepted subject to the recording of additional rights discovered.

(ii)  That an Order 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 Bridleway from Coastal Road to the Lancaster Canal on the Definitive Map and Statement of Public Rights of Way as shown on the Committee plan between points A and B.

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

 

 

7.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any Member's intention to raise a matter under this heading.

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Minutes:

There were no items of Urgent Business.

8.

Date of Next Meeting

The next scheduled meeting will be held at 10.30am on Wednesday 13th March 2019 in Cabinet Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

Additional documents:

Minutes:

It was noted that the next meeting of the Committee would be held at 10.30am on Wednesday 13th March 2019 in Cabinet Room 'B' – The Diamond Jubilee Room at County Hall, Preston.