Decision details

A report was presented on an application for Footpath Overton 1 – known as Moss Lane - to be upgraded to Bridleway 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-F.

A site inspection had been carried out in October 2020.

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.

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

Committee were advised that if they were content there was sufficient evidence of a vehicular highway along the application route, then 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.

Resolved:

(i)  That the application for the route recorded as Footpath Overton 1 (Moss Lane) to be recorded on the Definitive Map and Statement of Public Rights of Way as a Bridleway, be accepted subject to carriageway rights also being recognised.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(ii) of the Wildlife and Countryside Act 1981 to upgrade Overton 1 (Moss Lane) from Footpath to Restricted Byway on the Definitive Map and Statement of Public Rights of Way.

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