Decision details

A report was presented on an application to upgrade to public bridleway, parts of Footpaths Charnock Richard 14 and 15, Chorley Borough (known locally as Delph Lane and shown between points A-B-C-D-E-F-G on the Committee plan provided with the agenda papers), on the Definitive Map and Statement, in accordance with File No. 804-586.

The Committee noted that the whole of the application route was currently recorded as a public footpath, and was accessible as such.  The route also provided vehicular access to properties from the A49 (Preston Road) between points A and D, and also from Church Lane to properties between points G to F.  The middle section of the route, between point D and point F, did not appear to be used by vehicles, and although overgrowth now restricted the available width, it appeared to have been wider in the past and may have been surfaced with stone and/or cobbles.  The route would be accessible on horseback or on a bicycle – although the gap adjacent to the gate at point D was quite narrow – but there was no physical evidence of recent use by either.

Whilst the route had physically existed on the ground as a through route since at least the mid-1800s, and appeared to be capable and wide enough to be used by horses (and bicycles), there appeared to be no map and documentary evidence to conclude that the route was considered to be anything other than a private access road carrying public footpath rights.

A site inspection had been carried out on 7^th June 2017.

Taking all the evidence into account, it was suggested that the evidence was insufficient to satisfy the criteria of S31, nor sufficient from which to infer landowners' intention to dedicate a bridleway in this matter. 

Resolved: 

That the application to upgrade parts of Footpaths Charnock Richard 14 and 15 to bridleway, on the Definitive Map and Statement of Public Rights of Way for Lancashire, in accordance with File No. 804-586, be not accepted.