Decision details

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of a Footpath along dismantled railway from Footpath Read 11 to Martholme Viaduct, north of Bridge Heyward Caravan Park, Read
File No. 804-618

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Addition of a Footpath along dismantled railway from Footpath Read 11 to Martholme Viaduct, north of Bridge Heyward Caravan Park, Read

Decisions:

A report was presented on an application for the addition of a public footpath along the dismantled railway from Footpath Read 11 to Martholme Viaduct, north of Bridge Heyward Caravan Park, Read as shown on the Committee plan attached to the agenda papers between points A-B-C.

 

David Goode informed the Committee that the county council had been asked by the applicant's supporters to defer this item. The county council has declined to do this as it is imperative that the authority maintains a neutral position on these matters. The county council does not have a view on these matters as they are all driven by evidence. When the county council receives a request to defer, and evidence within a report is deemed to be incorrect, then deferment may need to take place. However, in this case, following detailed examination of the evidence from both sides, the county council has found that there was not enough evidence to affect the recommendation that the application be not accepted.

 

The Committee were also informed that anyone who is aggrieved by the decision made would have a right of appeal or could object to the order; the decision whether to confirm any order would be made by the Planning Inspector as an independent arbiter.

 

In 2002, the county council had received an application to add this same route to the Definitive Map and Statement based on user evidence. At that time, the application also included claimed use of the route across the Martholme railway viaduct (continuing south west from point C) to link to its junction with land owned by the county council on which there was (and still is) a concessionary bridleway along a former railway line.

 

The application had been rejected by the Regulatory Committee at its meeting on 15th September 2004 with further information considered at its meeting on 14th November 2004. Both reports had been included as an appendix to this report.

 

The applicant had subsequently appealed the decision to The Government Office for the North West who had considered the evidence submitted in support of the application and had issued a decision letter dated 25 April 2005. The Secretary of State had dismissed the appeal stating that they did not propose to direct the county council to make a Modification Order because, based on the evidence before them they did not believe, on balance of probability, that a public footpath subsisted or was reasonably alleged to subsist over the application route.

 

This new application to be considered related to most – but not all - of the route considered in 2004-2005.

 

The original application had been made based on user evidence from the 1960s when the railway ceased to exist until late in 2001 when the county council erected a secure fence at the viaduct. This new application was also based on user evidence prior to 2001 with some additional supporting map and documentary evidence.

Officers answered questions from Members on the report.

 

Details of the evidence examined both in support of, and against, making an Order were provided to Committee.

 

It was suggested to Committee that, taking all the relevant evidence into account, on balance, dedication could not be inferred under common law nor deemed under Section 31 Highways Act 1980, nor could a public right of way on the application route be reasonably alleged to subsist.

 

Resolved: That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a public footpath from the junction with Footpath Read 11 along the dismantled railway to Martholme Viaduct, in accordance with File No. 804-618, be not accepted.

 

Divisions Affected: Ribble Valley North East;

Contact: Simon Moore Email: simon.moore@lancashire.gov.uk.

Report author: Simon Moore

Date of decision: 18/11/2020

Decided at meeting: 18/11/2020 - Regulatory Committee

Accompanying Documents: