Decision details

A report was presented on an application for the addition of a public byway open to all traffic from Main Road to Packet Lane, in accordance with File No. 804-578.

Details of the application and the evidence related 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) and of the effect of the Natural Environment and Rural Communities Act 2006 were presented both as part of the report and by officers at the meeting.

One Member was in favour of the byway being open to all traffic as she was concerned about the lack of access for emergency services and about excluding villagers from accessing this route. 

Another Member queried whether a case could be built around a mechanically propelled vehicular route.  Jane Turner confirmed that the evidence of use available showed that in the relevant 5 years, the main public use had not been vehicular and that to save the mechanically propelled rights more evidence of vehicular use would need to be produced, for this to be classed as a byway open to all traffic.  David Goode informed the Committee that if they were minded to agree the recommendation to not accept the application for the byway to be open to all traffic, then if significant evidence became available, this would be referred back to the Committee. 

It was stated that it should be made clear to the applicant that if they had more evidence of vehicular access, they needed to let the officers know and, if sufficient, it would be referred back to the Committee.

Resolved: 

(i)  That the application for the addition of a byway open to all traffic from Main Road to Packet Lane, Bolton le Sands, in accordance with File No. 804-578, be not accepted but instead a route of a different description be added;

(ii)  That an Order 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 restricted byway from Main Road to Packet Lane on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A – B;

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