Decision details

A report was presented on an application for the addition of a Bridleway and upgrade to Bridleway of Footpath Withnell 49 from Twist Moor Road past Wood Folds Farm, Withnell to Bolton Road (A675) 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.

A site inspection had been carried out in January 2021.

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 the evidence into account, it was suggested that both the lower and higher tests could be met for the route marked A-G, such that an Order to that affect should be made and promoted to confirmation.

In relation to the route F-H, Committee were informed that, due to the lack of user evidence, at this time it was suggested that there was insufficient evidence of the use of this part of the route to be satisfied that a right of way “subsists” or was “reasonably alleged to subsist” and further, that the higher confirmation test could be met at this time.

Resolved:

(i)  That the above application be accepted in part subject to the status of restricted byway between points A-F-G.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53(3)(c)(i) and (ii) of the Wildlife and Countryside Act 1981 to add a restricted byway and upgrade to restricted byway Footpath Withnell 49 from Twist Moor Lane past Wood’s Fold Farm, Withnell to A675 on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-F-G.

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