Decision details

A report was presented on an application for a footpath in Howick Hall Wood, Penwortham, to be added to the Definitive Map and Statement of Public Rights of Way, as shown by a thick dashed line between points A-B-C-D-E-F on the Committee plan attached to the agenda papers.

A site inspection had been carried out in October 2018.

It was reported that the map or documentary evidence examined did not support the existence of the application route, and that nothing found suggested that the full length of the route physically existed, until at some point during which the site was managed as a nature reserve by the Wildlife Trust. Use of the route by the public was considered to have been 'by right' rather than 'as of right'.

It was suggested to Committee that, taking all the information into account, neither deemed dedication under Section 31 Highways Act 1980, nor inferred dedication at common law could be satisfied and that the application should be turned down and no Order made.

It was confirmed that members of the public could still use the route and, as far as officers were aware, there was no suggestion that such access was under threat.

Resolved:

(i)  That the application for the addition to the Definitive Map and

Statement of Public Rights of Way of a footpath in Howick Hall Wood, Penwortham, in accordance with File No. 804-523, be not accepted.

(ii)  That no Order be made.