Decision details

A report was presented on an application for the addition of a Footpath from Warburton Street to Grane Road, Haslingden, 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.

The Committee noted an error in the report on page 79. The third paragraph under 'Summary' should have read …….'purchased the property in 2019'.

A site inspection had been carried out in October 2020.

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.

The application had been submitted primarily on the basis of user evidence pre-dating the obstruction of the route at point B and point C in 2019.

Whilst there was no map and documentary evidence from which dedication of the route could clearly be inferred, it was clear that the route from point A through to point B had existed since at least 1891, and that access along it had consistently appeared to be available, providing direct access to the houses known as Warburton Buildings, but also through point B onto an area of land adjacent to 240 Grane Road from which it appeared that it was possible to exit onto Grane Road – but not necessarily via the application route B-C.

From 2000 onwards, the aerial photography and Google Street View images

consistently showed that the application route crossed a car park with what appeared to be a dedicated pedestrian access point, clearly separate to vehicular access at point C. Despite the occasional car parked across the route and the bins located on it, a route, although not adjacent to the wall where the bins stood, appeared to have been available between point B and point C, approximating to the application route from at least 2000.

Committee noted that an objection had been received from one of the landowners. However, whilst this objection was acknowledged, it was advised that the concerns raised were not relevant considerations under either Section 31 Highways Act 1980 or under Common Law.

Taking all of the evidence into account, it was suggested to Committee they may, on balance, consider that the provisions of Section 31 Highways Act 1980 could be satisfied, and were therefore advised to accept the application, make an Order and promote the Order to confirmation.

Resolved:

(i)  That the application for the addition of a Footpath from Warburton Street to Grane Road, Haslingden be accepted.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Footpath from Warburton Street to Grane Road on the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-B-C.

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