Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Footpaths from Manor Court and Greenacres across Sharoe Brook to Footpath Fulwood 43, Preston
File No. 804-379c

Decision Maker: Regulatory Committee

Decision status: For Determination

Is Key decision?: No

Purpose:

Application for footpaths to be added to the Definitive Map and Statement of Public Rights of Way from Manor Court and Greenacres across Sharoe Brook to 2 points on Footpath Fulwood 43, Preston in accordance with File No. 804-379c.

Decisions:

In 2000, an application under Schedule 14 of the Wildlife and Countryside Act 1981 had been received for the addition of a number of footpaths which had been described by the applicant as being situated on land forming part of Ingol Golf Course, and as having been provided by the former Central Lancashire Development Corporation. Five separate sets of routes had been listed and numbered 1 to 5, and evidence in support of each route had been provided.

 

This report considered the route referred to by the applicant as 'Route 3' – addition of footpaths from Manor Court and Greenacres across Sharoe Brook to 2 points on Footpath Fulwood 43, Preston. The route was shown by a thick dashed line between points A-B-C, B-D-E-F, G-H-I-J and H-L-K on the Committee plan attached to the agenda papers.

 

It was reported that because the application related largely to user evidence pre-dating 2000, details of the 2005 site inspection had been included in the report. This provided a better indication of what existed on the ground closer to the time that the routes were said to have been used. A further site inspection had been carried out in 2019 to see if any changes had occurred since the 2005 inspection.

 

The Committee were advised that, in addition to the user evidence, map and documentary evidence should also be considered.

 

Taking all of the evidence into account and noting the investigations of the Head of Service for Planning and Environment, it was suggested to Committee that on a balance of probabilities, there was sufficient evidence that the route ought to be shown as footpaths.

 

Resolved:

 

 

(i)  That the application to add to the Definitive Map and Statement footpath lengths between Manor Court and Greenacres across Sharoe Brook to Footpath Fulwood 43, Preston, in accordance with File Number 804-379c, be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way footpaths from Manor Court and Greenacres across Sharoe Brook to Footpath Fulwood 43, Preston as shown on the Committee Plan between points A-B-C, B-D-E-F, G-H-I-J and H-L-K.

 

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

 

 

 

 

 

Report author: Simon Moore

Date of decision: 11/03/2020

Decided at meeting: 11/03/2020 - Regulatory Committee

Accompanying Documents: