Decision details

A report was presented on an application for the addition of a footpath from Aspen Lane (also recorded as Bridleway Oswaldtwistle 300) to Mill Lane (also recorded as Footpath Oswaldtwistle 23 and F6365), 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.

A site inspection had been carried out on 10^th September 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.

Taking all of the evidence into account, it was suggested to Committee they may, on balance, consider that the provisions of Section 31 of the Highways Act 1980 cannot be satisfied. However, in the alternative, Committee were advised they may consider that it could be reasonably alleged that there was sufficient evidence from which to infer dedication of a public footpath at common law.

After a discussion, a proposer, seconder and vote, it was:

Resolved:

(i)  That the application for a public footpath from Aspen Lane to Mill Lane, in accordance with File No. 804-641, 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 to the Definitive Map and Statement of Public Rights of Way a Footpath from Aspen Lane (Bridleway Oswaldtwistle 300) to Mill Lane (Footpath Oswaldtwistle 23) as shown on Committee Plan between points A-B.

After further discussion and clarification as to Recommendation (iii), a proposer, seconder and vote, it was:

Resolved:

(iii)  That not being satisfied that the higher test for confirmation can be met with the information available the matter be returned to Committee for a decision regarding confirmation once the statutory period for objections and representations to the Order has passed.