Decision details

A report was presented on an investigation of public rights from Reedymoor Lane to the junction of Whitemoor Road and Standing Stone Lane, Foulridge, Pendle Borough.

A site inspection had been carried out in May 2017.

An application under Schedule 14 of the Wildlife and Countryside Act 1981 had originally been received in 1987 for the route to be recorded as a byway open to all traffic and an Order was made.  However, objections were received and a public inquiry had been held in 1997, following which the Order was not confirmed. 

Committee noted that the route had been researched again in 2008, as part of a review of previous Order decisions and that, following discussions with members of the local horse riding community, an investigation into the route as bridleway commenced, as shown between points A-B-C-D-E-F-G-H-I on the Committee plan attached to the agenda papers.

The investigation had included user evidence not previously considered at the 1997 inquiry, and additional documentary evidence had also been considered which had been detailed in the Committee report.

A query was raised in relation to the currently disused railway on the route and what would happen, should the railway ever re-open in the future.  It was confirmed that the issue for now was whether bridleway rights existed and that anything that could happen in the future could not be taken into account at this stage.

Taking all of the evidence into account including the site evidence, which was consistent with the user evidence, it was suggested to Committee that bridleway rights are more likely than not to exist and this way should therefore be recorded as a bridleway.

Resolved: 

(i) That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b)

and/or Section 53(3)(c)(i) and (ii) of the Wildlife and Countryside Act 1981 to

upgrade Footpaths 63 and 8 (part) Foulridge to bridleway and to add a bridleway to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-F-G-H-I.

(ii) That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation.