Decision details

A report was presented on an application for the upgrading of existing public footpath to bridleway from Liverpool Road to the junction with Northern Avenue, Much Hoole, on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee Plan between points A-H.

A revised second page of the Committee plan is attached due to a slight error in the labelling of the letters. It should be noted however, that all the information in the report considered by Committee was correct and there is no change to the route or it's length.

Committee noted that the application was for the route recorded as Footpath 7-8-FP30 and part of Footpath 7-8-FP29 to be recorded as bridleway, and that the route D-X as shown on the Committee Plan had not been included on the application.

It was reported that there was a discrepancy between what was recorded as public footpath on the Definitive Map and Statement and what was thought to exist historically.

A site inspection had been carried out in June 2021.

A variety of maps, plans and other documents had been examined to discover when the route came into being and to try to determine what its status may be. The investigation had been carried out based entirely on historical map and documentary evidence with no modern user evidence submitted.

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

Committee were advised that this was a finely balanced evaluation, given the limited evidence pre-1890.

County Councillor Salter asked that, if the Recommendation was approved, would Committee have the opportunity to consider a further Order for a more suitable route. Committee were informed that this would be a Diversion Order if public rights were shown to exist and also if the alternative route was suitable for the public to use. However, it was reported that the route on the ground seemed to be accepted by the public, and that they would continue to use the route available and may not be aware of the historical route.

County Councillor Howarth asked who was responsible for keeping paths safe and accessible if they were subject to erosion, noting that, in this case, the Parish Council had carried out the repairs. Committee were advised that if the path was publicly maintainable, then the county council would be responsible for maintenance as Highways Authority. It was noted, however, that any maintenance issues should not be taken into account when deciding whether or not public rights existed.

Committee were advised that if they were content there was sufficient evidence of an old vehicular highway between A and H, the Natural Environment and Rural Communities Act 2006 would have extinguished modern mechanically propelled vehicular rights, leaving the route to be appropriately recorded as a restricted byway.

In addition, if Committee were content that there was sufficient evidence of an old pre-1890 vehicular highway A-H, they were invited to consider that the line of that highway was along the historical line noted on the Committee Plan, rather than the Definitive Map line of 7-8-FP 30 between points D-E.

Resolved:

(i)  That the application for to upgrade 7-8-FP 30 and part of 7-8-FP 29 to bridleway on the Definitive Map and Statement of Public Rights of Way be  accepted save for rights for restricted byway and section D to E instead be an addition of restricted byway on a different line instead of an upgrade of part of 7-8-FP30.

(ii)  That an Order be made pursuant to Section 53 (2)(b) in consequence of events specified in Section 53(3)(b) and/or Sections 53(3)(c)(i) and 53(3)(c)(ii) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way a restricted byway along the route marked red as shown on Committee Plan between points D and E and marked "historical route" on the Committee plan and to upgrade to restricted byway parts of 7-8-FP 30 and 7-8-FP 29 shown between points A and D also E and H on the Committee Plan.

(iii)  That being satisfied that the higher test for confirmation can be met in respect of the addition and the test for confirmation be met in respect of the upgraded sections, the Order be promoted to confirmation.