Decision details

A report had been presented to Regulatory Committee in May 2007 on an application for a Public Bridleway from the junction of Cob Lane and Cockhill Lane, Foulridge to Castle Road, Colne, and to upgrade from Public Footpath to Bridleway, Footpath No 65, Foulridge and Nos 19, 18, 16, 14, 12 and 8 Colne, to the Definitive Map and Statement of Public Rights of Way.

This application was to add a bridleway from sections A-B, as shown as the blue route on the Committee plan attached to the agenda papers, and to upgrade from public footpath to bridleway sections B-J, as shown as the yellow route on the Committee plan attached to the agenda papers.

It was noted that the Committee had decided that there was sufficient evidence that a bridleway on the blue route was reasonably alleged to subsist and an Order was therefore made which received objections.  The Committee had decided not to make an Order in respect of the yellow route, which had then been made the subject of an appeal.  It was reported that the Planning Inspectorate had allowed the appeal, and that the county council was directed to make an Order in respect of the yellow route.  Both Orders were subsequently advertised and received objections and will therefore need to be submitted to the Secretary of State for formal determination.

The Committee noted that the county council's stance in respect of the yellow route was to remain neutral, as it opposed the making of the Order on appeal, and that this stance had already been determined by Committee in December 2014.

It was therefore recommended that the county council's stance should also be neutral for the Order for the blue route as to promote that Order to confirmation would create a cul de sac route which Planning Inspectorate guidance did not recommend, unless there were special circumstances.  The Committee noted that there were no special circumstances in respect of this route and so a neutral stance was recommended.

Resolved:  That the county council as order making authority should send The Lancashire County Council (Cob Lane/Cockhill Lane to Kelbrook Wood) Definitive Map Modification Order 2014 to the Secretary of State for Environment, Food and Rural Affairs for formal determination, but should notify the Secretary of State that it does not actively support the Order and adopts a "neutral stance" as regards confirmation of the Order.