Decision details

A report was presented on an application for the addition of a Footpath at Fenham Carr, Lancaster City, to be recorded on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan attached to the agenda papers between points A-B-C-D-E-F-G-H-J-K-C and H-I.

A site inspection had been carried out on 21^st January 2020.

It was reported that the area crossed by the application route was known as Fenham Carr and was formerly part of the grounds at Moor Park Hospital. Following closure of the hospital, Fenham Carr was incorporated into the adjacent Williamson Park in 1997.

A variety of maps, plans and other documents had been examined to discover when the route had come into being, and to try to determine what its status may be.

Details of the evidence examined both in support of, and against, the making of an Order were provided to Committee.

It was reported that there was no map or documentary evidence to support the view that public rights existed over the application route prior to 1997 when most of the land crossed by the route was transferred to the ownership of Lancaster City Council. However, much (but not all) of the application route existed as a substantial route prior to this time which may have been available to the public and would support any user evidence submitted whose use pre-dated 1997.

Since 1997, most of the land crossed by the application route had been managed as public open space by Lancaster City Council and use of the application route would have been "by right" (not "as of right").

Whilst there was evidence of use covering more or less the entire statutory period, the volume of users providing evidence was extremely low, considering the location of the route within a public park. In the circumstances, the evidence of use was advised to be too low to be considered representative of the public at large, and to evidence sufficient use beyond trivial and sporadic, from which to deem dedication by the owners.

Taking all the evidence into account, Committee were advised that a dedication of a public footpath along the application route could neither be deemed under section 31 of the Highways Act 1980 nor inferred at common law. Accordingly, Committee was advised to reject the application and not make an Order adding a public footpath to the Definitive Map and Statement.

Resolved: That the application for the addition of a Footpath at Fenham Carr, Lancaster City, as shown on the Committee plan between points A-B-C-D-E-F-G-H-J-K-C and H-I, be not accepted.