Decision details

In March 2019, Committee had considered a report on an application which had been received under Schedule 14 of the Wildlife and Countryside Act 1981, for a footpath to be recorded on the Definitive Map and Statement from Heald Lane through Weir Lodges to Office Road, Bacup.

Committee had resolved:

(i)  That the application for the addition to the Definitive Map and Statement of a Footpath from Heald Lane through Weir Lodges to Office Road, Bacup in accordance with File No. 804-603, be accepted subject to the recording of additional rights discovered.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) the Wildlife and Countryside Act 1981 to add a Bridleway from Heald Lane through Weir Lodges to Office Road, Bacup to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A1–B and A2–B–C–D–E.

(iii)  That being satisfied that the higher test for confirming the Order can be met, the matter be returned to Regulatory Committee at a later date to decide what stance to take regarding confirmation of the Order.

It was reported that, to date, the order to record the application route as a bridleway had not been made. Due to issues in linking this bridleway to another existing bridleway, which officers had discovered when drafting the order, more detailed information had been gathered, specifically in relation to the public's historical use of the application route as a bridleway.

Following consideration of this information, officers consider that horse use of the application route was insufficient to support the finding that a bridleway could be reasonably alleged to have come into existence in law and that horse use may, on balance, only be trivial and sporadic. Officers were therefore recommending that the original decision in March 2019 be revoked and that an order be made to record the route as a footpath.

After a discussion, it was proposed and seconded:

"That the Committee defer a decision on this matter and for officers to investigate further as to whether the confirmation test can be satisfied."

On being put to the vote the Motion was Carried. It was therefore:

Resolved:  That the Committee defer consideration of this matter and for officers to investigate further as to whether the confirmation test can be satisfied.