Decision details

A report was presented in relation to an investigation into the particulars which should be recorded in the Definitive Statement of Public Rights of Way for Footpaths 37, 38 and 39 Euxton, known together as Culbeck Lane, including the width of the footpaths and any limitations or conditions along them, in accordance with File no. 804-585.

It was reported that the County Council was satisfied with the public rights of this route so the Definitive Map would not need to be amended for this case.  It was the Definitive Statement, which provided details of the routes (position, widths, limitations and conditions) which would need to be modified, should the recommendation be approved by Committee.

The Committee noted that, in recent years, there had been various issues concerning the management and maintenance of the lane which carried significant private vehicular traffic, in addition to being a public footpath.  In order to resolve these issues, it was necessary for Committee to consider the evidence about widths and limitations, and to record the width of the way and whether any limitations existed to the public's right on foot.

It was reported that no objections to the proposal had been raised.

It was advised that it was appropriate in respect of these three footpaths that their width and limitations be recorded. The legislative provisions as set out in the report allowed such matters to be recorded by way of an Order. The evidence of the width, as set out in the report, indicating the width at the time the footpath came into being, was, on balance, sufficient as was the evidence of where there were rights to maintain gates.

Resolved: 

(i)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(iii) of the Wildlife and Countryside Act 1981, to modify particulars in the Definitive Statement of Public Rights of Way for Footpaths 37, 38 and 39 Euxton, Chorley Borough and known as Culbeck Lane, to record the width as that shown on the 1894 25 inch Ordnance Survey Lancashire Sheet LXXVII.VI. and record the three locations at which it is considered that there is a legal right for field gates to be erected by the landowner across the route to be at the locations marked as A, B and C on the Committee plan.

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