Decision details

A report was presented on an application for the addition of a Restricted Byway along part of Green Lane, Skerton, Lancaster to the Definitive Map and Statement of Public Rights of Way. The restricted byway to be added was shown on the Committee plan attached to the agenda papers between points A-B-C.

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.

Committee were advised that there was sufficient evidence that this route was already regarded as part of the highway network in the early nineteenth century, and continued to be recorded as such on the various documents and that on balance, a dedication by an owner over 200 years ago could be inferred.

Committee were informed that the legal maxim "once a highway always a highway" would apply and the fact that the application route was not presently recorded did not mean that it did not carry public rights of way.

In addition, Committee were informed that should they consider that an Order be made to record this old route as restricted byway, it was advised that the evidence was sufficiently strong for the Order to be promoted to confirmation.

Resolved:

(i)  That the application for a Restricted Byway to be added to the Definitive Map and Statement of Public Rights of Way be accepted.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Restricted Byway along part of Green Lane, Skerton on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C.

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