Decision details

A report was presented on an application for the upgrading of Footpaths 54 and 55 Coppull, Chorley Borough from Coppull Moor Lane to Wigan Lane to bridleway, in accordance with File No. 804-583.

The Committee noted that photographic, map and documentary evidence had been submitted by the applicant, which had been considered in support of the application.

It was reported that, from 1848 through to the current day, the route was consistently shown to exist on all OS maps published and provided access to a property known originally as Water Lane house, then cottages and finally as Vose Farm. The section between point C and point D appeared to have been narrower and possibly affected by the location of the colliery spoil heap in the 1900s. The route may have been wide enough to allow for the passage of horses during that time but this was not supported by other evidence examined.

The Finance Act 1910 documentation did not support nor preclude the existence of a public bridleway, and the parish survey carried out in the early 1950s, as part of the preparation of the Definitive Map, records part of the route as CRF and public footpath in the 1950s.

It was reported that the user evidence was not considered sufficient to infer a dedication at common law, or for a deemed dedication under section 31 of the Highways Act 1980 to have taken place. 

The historical map evidence, which was the strongest part of the evidence, was still not considered to be adequate to be able to say, on balance, that the route carried higher status than the footpath status, which it had been given on the Definitive Map and Statement.  On balance, taking all of the evidence into account, the Committee was recommended not to make the order in this case.

Resolved:  That the application for the upgrading of Footpaths Coppull 54 and 55 to bridleway, in accordance with File No. 804-583, be not accepted.