Decision details

A report was presented on an application for the addition of a Bridleway from Snape Lane, Warton to its continuation as Bridleway Yealand Conyers 17 to the Definitive Map and Statement of Public Rights of Way, as shown between points A-B on the Committee plan attached to the agenda papers. However, it was reported that the investigation had discovered evidence that both the application route and the continuation bridleway should be recorded as restricted byway, as shown between points A-B-C-D on the Committee plan.

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. No user evidence had been submitted.

Committee were informed that, in light of all the available map and documentary evidence and from experience of dealing with other similar cases on and along parish boundaries, the omission of the application route from the Definitive Map appeared to be an error. It was therefore considered that the length A-D was a through route and that A-B was the same status as B-D.

Details of the evidence provided in support of making an Order on route A-B were provided to Committee. There was no evidence against making an Order.

Details of the evidence provided both in support of, and against making an Order on route B-D to upgrade to restricted byway were provided to Committee.

Committee were advised that the evidence contained within the report suggested that public rights existed over the full length of the route, from A to D, connecting two public vehicular highways. It was therefore suggested that A-B carried public rights being part of the route A-D.

Taking all of the evidence into account, and noting how the route had been recorded on the old county maps and other documents and the investigations of the officers in the Planning and Environment service, it was suggested to Committee that on a balance of probabilities there was sufficient evidence that the whole route (including the sections B-D which were already recorded as a Bridleway) ought to be shown as a restricted byway. Committee were advised they may therefore feel it appropriate to accept the recommendation and decide that an Order be made and promoted to confirmation.

Resolved:

(i)  That the application be accepted with additional rights and additional length included.

(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 from Snape Lane, Warton to the parish boundary and to upgrade its continuation from Bridleway to Restricted Byway Yealand Conyers 17 as shown on Committee Plan between points A-B-C-D.

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