Decision details

A report was presented on an application for the addition of a footpath to be recorded on the Definitive Map and Statement of Public Rights of Way, from Dunkirk Avenue to Footpath 12, Carnforth and shown between points A-B-C-D-E-F-G-H on the Committee plan attached to the agenda papers.

The Committee had considered an earlier application on the agenda including the section of the route between point A-B.

A site inspection had been carried out on 27 June 2018.

It was reported that Trowers & Hamlin LLP, acting on behalf of the landowners, Homes England had objected to the application.  They had stated that their client was currently developing the site and had taken exhaustive steps to give notice (by signage on site), that the land was private property, potentially unsafe and unsuitable for public access.  The Committee noted that whilst the objection was acknowledged, the concerns raised were not relevant considerations under either Section 31 Highways Act 1980 or under Common Law, for dedication to have taken place before Homes England acquired the land.

The claim is that the route A-B-C-D-E-F-G-H had already become a footpath in law and should be recorded on the Definitive Map and Statement of Public Rights of Way.

It was suggested that there was insufficient historical map evidence from which public rights could be inferred.  However, sufficient 'as of right' use acquiesced in by the owners may also have been circumstances from which dedication could be inferred.  From looking at user evidence, it would appear that, until 2017, no clear actions were taken by owners and use by the public continued over several years prior to 2017.  It was therefore suggested that the user forms indicate that the route had been used 'as of right' and without force, secrecy or interruption during the period under consideration.

It was suggested to Committee, after careful consideration, the criteria under Section 31 Highways Act 1980 could be satisfied and that, taking all of the information into account, the Committee may consider that a dedication of a footpath could be deemed or inferred, and that it was appropriate that an Order be made and promoted to confirmation.

Resolved:

i) That the application for the addition to the Definitive Map and Statement of a

Public Footpath from the junction of Dunkirk Avenue and Windermere Road to

Footpath 12, Carnforth, in accordance with File Number 804-597, be accepted.

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

and/ Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Public Footpath from Dunkirk Avenue to Footpath 12 Carnforth 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.

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