Decision details

A report was presented on an application for the addition of a Footpath from Goodshaw Avenue to Goodshaw Lane, Goodshaw Chapel, Rawtenstall, 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.

A site inspection had been carried out in August 2019.

Various 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 the route was consistently shown to exist on all maps and photographs examined from the 1840s through to the current day, supporting the user evidence submitted as part of the application. Google Street images dated 2009 showed the start of the route from point A as being a well-defined surfaced track and access at point E being clear of vegetation – again consistent with the user evidence and the fact that several users referred to the route no longer being maintained and recently becoming overgrown and more difficult to use (as evidenced by the site inspection carried out in 2019).

Taking all the evidence into account, it was suggested that the Committee may be content that dedication of a footpath could be inferred at common law from all the evidence including the use and/or that a dedication of a footpath may be deemed from the more modern user of the route under S31 Highways Act 1980.

Resolved:

(i)  That the application for a Footpath from Goodshaw Avenue to Goodshaw Lane, Goodshaw Chapel, Rawtenstall to be recorded on the Definitive Map and Statement of Public Rights of Way, in accordance with File No. 804-610, be accepted.

(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 add a Footpath from Goodshaw Avenue to Goodshaw Lane on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E.

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