Decision details

A report was presented on an application to record a bridleway from Blackwood Road to Greens Lane, Bacup on the Definitive Map and Statement of Public Rights of Way.

The Committee noted that the application comprised an upgrade from footpath to bridleway for it's majority and small sections of addition of a bridleway where the route currently had no recorded status.

It was pointed out there was an amendment to Recommendation (ii) on the report which should have read '…….on the Committee Plan between points A-B-C-D-E-I-J-K'.

In addition, on page 63, the addition of a sentence shown in bold below was reported to Committee:

'J-K is already recorded as a general purpose vehicular road by the Highways Dept and has therefore not been considered below. However, due to the inconsistency of the Highways records, and from considering how this section was shown on the Tithe Maps and Finance Act documents, the application route is considered to extend to point K.'

The application was to add a bridleway between points E-F, H-I and J-K of the route which were not currently recorded as public rights of way. The remainder of the route between points A-B-C-D-E, F-G-H and I-J was currently recorded as a public footpath. The application was to upgrade these sections of footpath to bridleway, as it was suggested that the sections of footpath carried higher public rights. Section E-I, for which evidence of higher rights was found, was also currently recorded as footpath.

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

In conclusion, taking all of the evidence into account, the Committee were advised, on balance, that they may consider that the criteria under section 31 Highways Act 1980 could not be satisfied. However, Committee were also advised they may consider that it could be reasonably alleged that there was sufficient evidence from which to infer dedication at common law.

Committee was therefore advised to accept the application, with modifications as follows:

In relation to the route A-B-C-D-E-I-J-K (via Bacup 535 and 536) Committee was advised to make an Order and promote the Order to confirmation.

In relation to the route E-F-G-H-I Committee was advised to make an Order but, not being satisfied that the higher test for confirming the said Order could be satisfied, for the matter to be returned to Committee to decide what stance to take regarding confirmation of the Order.

Resolved:

(i)  That the application to record a Bridleway on the Definitive Map and

Statement from Blackwood Road to Greens Lane, Bacup, in accordance with File No. 804-589, be accepted with modifications.

(ii)  That an Order be made pursuant to Section 53(2)(b) and Section 53(3)(b) and Section 53(3)(c)(i) & (ii) of the Wildlife and Countryside Act 1981 to record a bridleway on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-I-J-K (via Bacup 535 and 536).

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

(iv)  That an Order be made pursuant to Section 53(2)(b) and Section 53(3)(b) and Section 53(3)(c)(i) & (ii) of the Wildlife and Countryside Act 1981 to record a bridleway on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points E-F-G-H-I.

(v)  That not being satisfied that the higher test for confirming the said Order can be satisfied, the matter be returned to Committee to decide what stance to take regarding confirmation of the Order.