Decision details

A report was presented on an application for the addition to the Definitive Map and Statement of a footpath from Garstang Road (A6) to Pinewood Avenue, Broughton, Preston City, as shown between points A-B-C-D-E-F on the Committee plan attached to the agenda papers.

A site inspection had been carried out on 13 September 2017.

The Committee noted that there was no map or documentary evidence to suggest that the application route existed as a through route before Pinewood Avenue and the associated housing development was built between 1965 and 1967.  The map evidence was not in itself sufficient to infer dedication under common law.  The land was in the ownership of BT during the relevant period under consideration.  BT objects to the application and have notices up mitigating against dedication.  Therefore, the mapping and user evidence taken together were considered as insufficient from which to infer dedication under common law.

Eleven user evidence forms had been submitted by the applicant.  Section 31 of the Highways Act provides that the route must have been enjoyed by the public as a whole.  However, the user forms suggest use was in fact by local inhabitants mainly residing at Pinewood Avenue and Willow Tree Close, and therefore it was not possible to demonstrate use by the public as a whole.

It is understood two notices had been put up along the route by the landowner, British Telecommunications (BT), which made it clear that the land was private property and that unauthorised access was trespass and not permitted.  The case officer suggests one of the notices was worn and weathered suggesting it had been in place for some time.  This is considered sufficient evidence to negative the presumed intention to dedicate the way as a highway.

Taking all the evidence into account, it was suggested to Committee that, on balance, the provisions of S31 Highways Act could not be satisfied and that dedication could not be deemed under Section 31 nor inferred under common law and hence it was recommended that the application was not accepted.

Resolved:  That the application for an addition of a footpath to the Definitive Map and Statement from Garstang Road to Pinewood Avenue, Broughton, in accordance with File No. 804-590, be not accepted.