Decision details

A report was presented on an application for the addition of a bridleway along the unrecorded section of Snuff Mill Lane to the Lune Estuary Path at Stodday near Lancaster, to be added to the Definitive Map and Statement of Public Rights of Way.

The Committee noted that the application route was approximately 425 metres long and had been described by the applicant as terminating at the junction with the Lune Estuary Path. However, when investigating the application, it had become apparent that the historical route of Snuff Mill Lane extended as far as the salt marsh and did not stop at the railway (now the Lune Estuary Path). The route under investigation was therefore that as shown on the Committee Plan attached to the agenda papers, between points A-B-X-C-D, and was approximately 475 metres long.

A site inspection had been carried out in October 2020. Since that time, the Parish Council had undertaken work to alleviate the flooding on part of the route.

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. Committee noted that the application had been made based entirely on historical map and documentary evidence and that no user evidence was available.

Details of the evidence examined in support of making an Order were provided to Committee. There was no particular evidence against making an Order.

It was reported that the application was for a bridleway but Committee were advised that the evidence indicated that the route was a vehicular public highway. The Natural Environment and Rural Communities Act 2006 would have extinguished any mechanically propelled vehicular rights and it was advised that the appropriate status to be recorded would be restricted byway.

Resolved:

(i)  That the application for the addition of a bridleway along the unrecorded section of Snuff Mill Lane to the Lune Estuary Path, be accepted subject to the recording of restricted byway rights and inclusion of the section of the historical route crossing the former railway (Lune Estuary Path) to provide access to the salt marsh.

(ii)  That an Order be made pursuant to Section 53 (2)(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 restricted byway along Snuff Mill Lane from the section recorded as U11870 to the salt marsh as shown on Committee Plan between points A-B-X-C-D.

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