Decision details

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Addition and Deletion of Bridleway at Junction with Procter Moss Road, Over Wyresdale

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Addition and Deletion of Bridleway at Junction with Procter Moss Road, Over Wyresdale

Decisions:

A report was presented on an application for the addition of a bridleway from Procter Moss Road, Over Wyresdale to a point on Bridleway BW0125011 to the Definitive Map and Statement of Public Rights of Way, and investigation into the deletion of part of Bridleway BW0125011. The bridleway to be added was shown on the Committee plan attached to the agenda papers as A-X-B and the bridleway to be deleted was shown as B-C.

 

A site inspection had been carried out in October 2020. 

 

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.

 

It was reported that the investigating officer had found no documentation to explain the change from the route shown on the First Definitive Map to the route B-C. Therefore, the reasonable conclusion from the evidence was that no public right of way existed between B-C, and that a simple drafting error due to the small scale of the maps and close proximity of the routes had resulted in the Bridleway being drawn along B-C instead of the correct route A-X-B.

 

Taking all the evidence into account, Committee were advised that may consider there was sufficient cogent evidence to suggest the route B-C was recorded in error and that it should be removed from the Definitive Map, and the Bridleway between A-X-B should be added to the Definitive Map. Committee were informed that the evidence was sufficient to not only satisfy the test to make the Orders, but also to promote the Orders to confirmation.

 

Resolved:

 

(i)  That the application for the addition of a bridleway from Procter Moss Road to Bridleway BW0125011 be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Sections 53 (3)(c)(i) and of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way a bridleway as shown on Committee Plan between points A-X-B.

 

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

 

(iv)  That an Order be made pursuant to Section 53 (2)(b) andSection 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to delete from the Definitive Map and Statement of Public Rights of Way part of Bridleway BW0125011, shown between points B-C on the Committee plan.

 

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

 

Divisions Affected: Lancaster Rural East;

Contact: Annabel Mayson Email: annabel.mayson@lancashire.gov.uk.

Report author: Annabel Mayson

Date of decision: 27/03/2024

Decided at meeting: 27/03/2024 - Regulatory Committee

Accompanying Documents: