Agenda item

A report was presented on the withdrawal of support for "The Lancashire County Council Definitive Map and Statement of Public Rights of Way (Definitive Map Modification) (No.3) Order 2011", on the basis that although the County Council considered that there was sufficient evidence to satisfy the test to make the Order, information had come to light since the original decision that suggested the evidence would not be sufficient to meet the higher test that it subsists on the balance of probabilities.

It was reported that, on12thMay 2010, the Authority gave consideration as to whether or not an Order should be made to add a Public Footpath, extending from a point on Public Footpath No. 39 Newburgh, to a point on Public Footpath No. 40 Newburgh, West Lancashire Borough to the Definitive Map and Statement of Public Rights of Way. This report was attached as Appendix A to the agenda papers.  The decision of the County Council had been that there was sufficient evidence that a Public Footpath was reasonably alleged to subsist or to subsist along the route.

The Committee noted that a Definitive Map Modification Order had been duly made on 12thJanuary 2011.  However, an objection had been received to the making of the Order by the landowner who had referred to post and rail fencing extending earlier chestnut paling and having witnesses regarding this, and having evidence of work redirecting walkers.  Statutory provisions stated that, where there are objections, the Order Making Authority should submit the Order to the Secretary of State for formal determination.  Although the Order Making Authority had previously assessed the evidence and considered that there had been sufficient evidence to satisfy the test to make the Order and also to promote it to confirmation, now in considering information that had come to light since including that from interviews had been carried out, on the balance of probabilities, it was advised that officers no longer considered that the evidence would be sufficient to meet the higher test for confirming the Order, that the route already subsists as a footpath on the balance of probabilities.

Details of the issues that had arisen were provided to the Committee in the agenda papers.

The Committee noted that the actions of the owners, and the weak evidence of use, on balance, made it difficult to argue inferred or deemed dedication.  It was felt therefore, that it would be difficult to justify promoting this Order to confirmation as originally thought.  The Committee were advised they may therefore feel that although the County Council as Order Making Authority had made the correct decision regarding the making of the Order it should reverse its previous decision in respect of the confirmation, in light of the new evidence, and agree that the Order be submitted to the Secretary of State for formal determination, but notify the Secretary of State that it does not actively support the Order and adopt a "neutral stance" as regards confirmation of the Order.

Resolved:  That the County Council as Order Making Authority should submit The Lancashire County Council (Definitive Map and Statement of Public Rights of Way (Definitive Map Modification) (No.3) Order 2011 to the Secretary of State for Environment, Food and Rural Affairs for formal determination, but notify the Secretary of State that it does not actively support the Order and adopts a "neutral stance" as regards confirmation of the Order.