Decision details

A report was presented on an application to record, on the Definitive Map and Statement of Public Rights of Way, part of Bridleway 29 Barnacre-with-Bonds (known as Byerworth Lane) as a byway open to all traffic, shown between point A and point C on the Committee plan attached to the agenda papers.

A site inspection had been carried out in April 2018.

It was acknowledged that this was a named route, and that its depiction on some historical Ordnance Survey maps was consistent with how other public vehicular highways were shown.  However, the route was not shown on early commercial maps, it had not been acknowledged as a public vehicular highway in the District Valuation carried out under the Finance Act 1910 and its alignment and width made it unlikely to have been used as a through-route compared to the Garstang Road.

Whilst the evidence was not unequivocal, and taking into consideration the full length of the route from point A through point B and point C, and then generally east to exit onto Garstang Road at Bowgreave, it appeared that there was insufficient evidence to infer historical public vehicular rights.

Taking all the evidence into account, the Committee noted that there was insufficient evidence that the application route had public carriageway rights which, as this would be an upgrade from bridleway, would have need to be shown to subsist on the balance of probabilities. 

Resolved:  That the application for part of Bridleway 29 Barnacre-with-Bonds to be recorded as a Byway Open to All Traffic, in accordance with File No. 804-424, be not accepted.