Decision details

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation into the existence of public rights along Chapel Street Court, Poulton-le-Fylde

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Investigation into the existence of public rights along Chapel Street Court, Poulton-le-Fylde

Decisions:

A report was presented on an investigation that had been carried out into the existence of public rights along Chapel Street Court, Poulton-le-Fylde, following queries received about the legal status of the route and whether it was a publicly maintainable highway. The route was shown on the Committee plan attached to the agenda papers between points A-B-C.

 

A site inspection had been carried out in July 2023.

 

Various 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.

 

On balance, it was suggested to Committee that the map and other documentary evidence was considered to be sufficient from which public rights could be inferred for the route A-B-C, and that the evidence suggested the existence of a historical route used at least on foot. Furthermore, user evidence provided collectively confirmed use of the route A-B-C by the public as a public footpath going back to 1945.

 

In conclusion, Committee were therefore advised to accept the recommendation and make an Order for the route marked A-B-C to be added to the Definitive Map and Statement as a public footpath and promote the Order to confirmation.

 

 

Resolved:

 

(i)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a footpath along Chapel Street Court, Poulton-le-Fylde on the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-B-C.

 

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

 

Divisions Affected: Poulton le Fylde;

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: