Decision details

A report was presented on an application for the addition to the Definitive Map and Statement of a footpath from Albert Terrace passing through The Holme (Calder Vale) and continuing adjacent to a pond to meet Footpath 80 Barnacre with Bonds, Wyre Borough, as shown between points A-B-C-D-E on the Committee plan attached to the agenda papers.

The applicant had originally applied for a route from between 9 and 10 The Holme to point E, to be recorded as a public footpath but had not included the section of the route between points A-B or part of the route between points B-C.  Following discussion with the applicant, it was understood that she had only claimed the route from The Holme to point E as that was the section of the path to which access had been prevented, and the applicant had not realised that it was necessary to claim the full length.  The application had subsequently been revised to include the full length between points A-B-C-D-E.

The thirty four user evidence statements which had been submitted with the application had referred specifically to the route as running from between 9 and 10 The Holme to point E.  Thirty of the users had subsequently confirmed – by way of a signed plan on which they had drawn the full length of the route A-E – that their evidence related to the full length of the route.

A site inspection had been carried out on 14 June 2017. 

No adverse comments or objections had been received.  Barnacre with Bonds Parish Council had confirmed that they fully supported the application and that the route accessed from land between 9 and 10 The Holme, running along the mill pond to join the public footpath to Primrose Cottages, had been used by locals for over 70 years.

The Committee were advised that the way the route was recorded on documentary evidence was not in itself a sufficient circumstance from which dedication could be inferred.  Sufficient 'as of right' use may also be a relevant circumstance from which dedication can be inferred.  The described use of the route, as corroborated by the documentary evidence, as well as the treatment of the route by previous landowners, would suggest that it may reasonably be alleged that there are sufficient circumstances to infer dedication at common law.

Resolved: 

(i)  That the application for a public footpath to be added to the Definitive Map and Statement from Footpath 80 Barnacre with Bonds at Albert Terrace, passing through The Holme (Calder Vale) and continuing alongside a pond to rejoin Footpath 80, Barnacre with Bonds, Wyre Borough, in accordance with File No.804-587, be accepted.

(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 of Public Rights of Way a footpath from a point on Footpath 80 Barnacre with Bonds at Albert Terrace, passing through The Holme and continuing adjacent to a pond to rejoin Footpath 80 Barnacre with Bonds 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.