Decision details

A report was presented on an application for a bridleway to be recorded from Burnley Road to Antley Gate, Trawden, Pendle.

A previous application had been received in October 1984 from the Trail Riders Fellowship, to upgrade the footpaths from Burnley Road to Antley Gate, Trawden, to byway open to all traffic.  It had been considered by the Public Rights of Way Sub-Committee in July 1986 and rejected on the basis of insufficient evidence.

A further application had been received in October 2016, from different applicants, to upgrade most of the same route but this time to bridleway, with an addition of bridleway close to a short section of the route, as shown between points A-O on the Committee plan attached to the agenda papers.  This application included documentary and user evidence which had not been considered when the first application had been made. 

It was reported that the applicant had provided 10 user evidence statements to demonstrate usage over 20 years of the route, in addition to a bundle of documentation including maps, leaflets and references to several books, to try to illustrate that the route was a historical carriageway and that bridleway rights should be recorded.

A site inspection had been carried out on 24^th November 2016.

It was suggested that the limited equestrian use evidenced in this matter was not sufficient evidence of use from which dedication of a bridleway could be deemed just from that use, and there was no other evidence of a historical or long-standing bridleway use.

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 record a bridleway from Burnley Road to Antley Gate, Trawden, Pendle, in accordance with File no. 804-581, be not accepted.