Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order
Addition of a Public Right of Way at Lathom High School, Skelmersdale, West Lancashire

Decision status: Recommendations approved

Is Key decision?: No

Decisions:

At their meeting on 15th March 2018, Regulatory Committee had considered an application for the addition to the Definitive Map and Statement of Public Rights of Way, of a restricted byway from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School, to a point on highway F8761, known as Summer Street.

 

The Committee had resolved that this application be not accepted and the applicant subsequently appealed against this refusal to the Secretary of State. An Inspector was directed to consider this matter and, after examining documentary evidence, user evidence and landowner evidence, the appeal was allowed, subject to the application route being proposed to be recorded as a footpath, rather than a restricted byway.

 

The Committee is therefore directed to make an Order under Section 53(2) and Schedule 15 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement for the County of Lancashire, to add a footpath from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School, to a point on highway F8761, known as Summer Street, Skelmersdale.  However, it is suggested that the Local Authority submit the Order to the Secretary of State for formal determination adopting a neutral stance in this instance, due to Regulatory Committee's original decision not to make an Order, based on the evidence available.

 

Resolved:

 

(i)  That the report be noted.

 

(ii)  That, in light of the Inspector's decision to uphold the appeal lodged in respect of file number 804/591, an order be made pursuant to Section 53 (2) (b) and Section 53 (3) (c) (i) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement of Public Rights of Way by adding a Public Footpath from a point on the un-numbered cycleway east of the subway under Glenburn Road, passing through the grounds of Lathom High School, to a point on highway F8761 (known as Summer Street) as shown by a bold dashed line between points A-B-C-D on the attached plan.

 

(iii)  That should objections or no objections be received, the county council as order making authority submit the order to the Secretary of State for formal determination and the county council shall notify the Secretary of State that it does not actively support the order and to adopt a "neutral stance" as regards confirmation of the order.

Report author: Claire Blundell

Date of decision: 13/03/2019

Decided at meeting: 13/03/2019 - Regulatory Committee

Accompanying Documents: