Decision details

A report was presented on an application for the addition to the Definitive Map and Statement of a footpath from Ten Row to Bodie Hill via Fishnet Point, Glasson Dock, in the parish of Thurnham, Lancaster, as shown between points A-K on the Committee plan provided with the agenda papers.

The Committee noted that a previous application submitted by Thurnham Parish Council in 1983 to record part of the route as part of a byway open to all traffic(between points C-D-E on the Committee plan) had been considered by the County Council.  The County Council had made an Order to record a route from a point on Ten Row to the shore, as a byway open to all traffic.  The Order had received two objections and the applicants had withdrawn their support for the claim stating that they were content that the area was left as it was due to the following:

·  There was now a new road to the industrial estate, Bodie Hill;

·  Ten Rows had been blocked by bollards;

·  The terminus of Ten Row had been landscaped.

The Planning Inspectorate had subsequently determined not to confirm the Order.

Although the public status of part of the application route had been considered previously, the full length of the route now claimed as a public footpath had not been considered.  Furthermore, additional user and documentary evidence which had not been considered when the first application had been made had now been made available.

Issues in relation to the safety of the route were discussed.  It was appreciated that these were important issues but that, legally, the rights had to be looked at first and any other matters in relation to the route would be picked up after that. 

Taking all the evidence into account, it was suggested to Committee that, on balance of probabilities, there was sufficient evidence that the route ought to be added to the Definitive Map and Statement as a restricted byway between points A-E.  It was confirmed that the historical mapping did not show that there was a path on the ground along the section E-K and that the user and documentary evidence was insufficient to reasonably allege that a right of way subsisted.

Resolved: 

(i)  That the application for the addition to the Definitive Map and Statement of a footpath from Ten Row to Bodie Hill via Fishnet Point, Glasson Dock, in accordance with File No. 804-562, be accepted in part and to a higher status.

(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 add to the Definitive Map and Statement a restricted byway from Ten Row to the Customs House as shown on Committee Plan between points A-B-C-D-E.

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