Decision details

A report was presented on an investigation into an application to upgrade a footpath and add a bridleway from Mill Hill Farm off Haunders Lane, Much Hoole, through Marsh Farm to Hannings Farm, on the Definitive Map and Statement of Public Rights of Way, as shown between points A-B-C-D-E-F-G on the Committee plan attached to the Agenda papers.

A site inspection had been carried out in April 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 in support of making an order were provided to Committee. There was no particular evidence provided against making an Order.

CC Clempson queried whether a better route could be used, given the fact that the route went through Marsh Farm. Committee were informed that this could not be taken into account when deciding solely whether public rights existed or not, but that a separate application to divert the route would be made if the route was not considered convenient for the public and the landowner.

It was pointed out to Committee that the route between points B and G going through Marsh Farm was currently recorded as a public footpath. In addition, whilst perhaps not an obvious through route for the public connecting to places of interest, it appeared it was a route of some antiquity and that it was considered to be and used in the past as a public through route.

In conclusion, Committee were advised that there was sufficient evidence from which to infer a vehicular highway was already dedicated on this route many many decades ago, and that they may consider it appropriate that an Order be made for the route marked A-B to be added to the Definitive Map and Statement as a restricted byway, and for the route marked B-G to be upgraded from a footpath to restricted byway on the Definitive Map and Statement, and that the evidence was sufficiently strong to decide that the Order be promoted to confirmation.

Resolved:

(i)  That the application for the addition of a bridleway and upgrading of part of Footpath 7-8-FP3 be accepted with modification to recognise carriageway rights.

(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 a footpath to restricted byway 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.