Decision details

A report was presented on an application under Schedule 14 of the Wildlife and Countryside Act 1981 for a restricted byway to be recorded on the Definitive Map and Statement of Public Rights of Way from Coastal Road to the Lancaster Canal, Bolton-le-Sands, shown by a thick dashed line between points A-B on the Committee plan attached to the agenda papers.

David Goode pointed out that there was an error in the report and that the application was for a restricted byway, not a footpath as had been stated in the report.

It was reported that, from 1846 to the current day, all map and documentary evidence examined suggested that the route had remained unaltered and, although gated at point A and point B for at least some of its existence, the route appeared to have been capable of being used, subject to being able to get through, round or over any gates, and supported the user evidence submitted as part of the application, to gain access to and from the canal towpath.

The user evidence clearly showed the use of the route on foot and on bicycle for an extensive period without any apparent interruption.  No user claimed to have been stopped or turned back from using the route, nor had any signage been erected to deter users.

It was suggested that the Committee may consider that there had been as of right use for the twenty year period without any interruption, and without any sufficient overt acts demonstrating an intention not to dedicate by the owners during that period.  Taking all the evidence into account, on balance, it was suggested that Committee may consider that there was sufficient evidence from which a dedication of this route as a bridleway could be deemed under Section 31 of the Highways Act 1980, or inferred under Common Law, and that the application be accepted with the modification that the route is recorded as a bridleway.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a restricted byway from Coastal Road to the Lancaster Canal, Bolton-le-Sands, in accordance with File No. 804-602, be accepted subject to the recording of additional rights discovered.

(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 record a Bridleway from Coastal Road to the Lancaster Canal on the Definitive Map and Statement of Public Rights of Way as shown on the Committee plan between points A and B.

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