Decision details

A report was presented on an application for the upgrading of footpaths and addition of bridleway between Fish Lane and Curlew Lane, Burscough to the Definitive Map and Statement of Public Rights of Way. The upgrading of part of footpaths FP0818135 and FP0818134 to bridleway were shown on the Committee plan attached to the agenda papers between points A-B, C-E and E-F-G-H-I respectively, and the bridleway to be added was shown between points B-C and C-D.

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 and given the nature of the evidence, Committee considered that the evidence of the application route having become a public bridleway was sufficient. However, there was some debate about whether that evidence showed that the way should be recorded as a restricted byway, as opposed to a bridleway, as it was thought there was sufficient evidence of vehicular use and that the route carried higher rights.

The officer answered questions from Committee.

After a discussion, it was Proposed and Seconded that:

"Part of FP0818135 (A-B and C-E) and FP0818134 (E-F-G-H-I) be upgraded to restricted byway and that a restricted byway be added between points B-C and C-D on the Definitive Map and Statement of Public Rights of Way".

Upon being put to the Vote, the Motion was Carried.

It was therefore:

Resolved:

(i)  That the application for the upgrading of footpaths and addition of a bridleway between Fish Lane and Curlew Lane, Burscough to the Definitive Map and Statement of Public Rights of Way, be accepted, subject to restricted byway rights also being recorded.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and/or Section 53 (3)(c)(i) and (ii) of the Wildlife and Countryside Act 1981 to upgrade part of FP0818135 (A-B and C-E) and FP0818134 (E-F-G-H-I) to restricted byway and to add a restricted byway between points B-C and C-D on the Definitive Map and Statement of Public Rights of Way.

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