Decision details

A report was presented on an application for the addition of a Footpath along Hobson's Lane, Over Kellet to 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. Point C had also been marked on the Committee plan and referred to in the map and documentary evidence in the report.

A site inspection had been carried out in September 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.

Committee noted that points B-C had been recorded as footpath since 2007, due to a diversion order to the original footpath.

County Councillor Oakes asked whether the county council would be liable for maintenance of the route, should Committee consider that public rights existed on the route. It was reported that, although this was not a factor to be taken into account when deciding whether public rights existed, the county council would have a responsibility to maintain it if the route was thought to have come into existence before 1949.

Taking all the evidence into account, Committee were informed that it appeared a route had probably existed since the late 1700s, and that it may have been capable of being used by the public, but that there was insufficient evidence available from which to deduce that public footpath rights existed.

As there was insufficient map and documentary evidence – and no user evidence – Committee were advised to reject the application and to not make an Order adding a public footpath along Hobson's Lane, Over Kellet, to the Definitive Map and Statement of Public Rights of Way.

Resolved: That the application for the addition on the Definitive Map and Statement of Public Rights of Way of a Footpath from the junction of Borron Lane U18835 and Capernwray Road U18835 along Hobson's Lane to a junction with 1-24-FP15 be not accepted.