Decision details

A report was presented on an application for the addition of a bridleway across Aikengill Dub from Aikengill Road to the junction of Ringstones Lane and Slaidburn Road, Tatham to the Definitive Map and Statement of Public Rights of Way. The bridleway to be added was shown on the Committee plan attached to the agenda papers between points A-B.

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 informed that, in conclusion, it appeared from the early map evidence that the application route had been used by vehicles however, the terrain along the application route may also have meant that the route had been more likely to be used on horseback or with packhorses. The fact that an alternative route had been created and subsequently maintained suggested, on balance, that carts which had used it as part of a longer through route had probably begun to struggle across the application route, and it was easier to provide a new link than try to improve the application route. However, there was no evidence to substantiate this further.

Committee were advised that, on balance, it seemed that the application route was a public vehicular highway and that dedication of public carriageway rights may therefore be inferred. It was reported that the implication of section 67 Natural Environment Rural Communities Act 2006 meant that any existing public rights of way for mechanically propelled vehicles had been extinguished so a recording of restricted byway would be appropriate.

It was therefore suggested to Committee that after careful consideration having taken all the map and documentary evidence into account, they may consider there was sufficient evidence from which to infer dedication of public carriageway rights and that an Order be made for restricted byway and that it be promoted to confirmation.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of a bridleway from Aikengill Road to the junction of Ringstones Lane and Slaidburn Road, Tatham be accepted subject to the higher restricted byway rights being recorded.

(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 from Aikengill Road to the junction of Ringstones Lane and Slaidburn Road, Tatham on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B.

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