Decision details

A report was presented on an application for a public bridleway along part of Thwaite Brow Lane and Mount Pleasant Lane, in the parishes of Carnforth and Bolton-le-Sands, Lancaster District, in accordance with file no. 804-566.

Details of the claim and the evidence relating to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A'), were presented both as part of the report and by officers at the meeting.

Having examined all of the information provided, the Committee agreed that taking all the relevant evidence into account, there was sufficient evidence that an Order should be made and promoted to confirmation.

Resolved:

1.  That the application for a public bridleway along part of Thwaite Brow Lane and Mount Pleasant Lane, Carnforth and Bolton-le-Sands, Lancaster District in accordance with file no. 804-566, be accepted in part only.

2.  That the section A-B on the plan remain recorded on the List of Streets as within the highway width of the A6 Lancaster Road and the section M-N remain recorded as vehicular highway recorded on the List of Streets. Neither of the sections have the characteristics to be able to be recorded as Byway Open to All Traffic on the Definitive Map and statement.

3.  That an Order(s) be made pursuant to Section 53 (2)(b) and section 53 (3)(b) and Section 53 (c)(i)(ii) and (iii) of the Wildlife and Countryside Act 1081 to upgrade Carnforth Footpath 9 (part), Carnforth Footpath 10 and Bolton-le-Sands Footpath 19 to Bridleway (section C-M on the plan) and also the addition of public bridleway between points B and C, addition of byway open to all traffic between points N-Q on the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan and to alter the particulars on the Definitive Statement.

4.  That being satisfied that the tests for confirmation can be met the Order be promoted to confirmation.