Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
Having agreed to the making of The Lancashire
County Council Addition of Restricted Byway known as Dark Lane,
Bispham/Hilldale, West Lancashire Definitive Map Modification Order
2023 a decision is now required as to whether the Regulatory
Committee consider there is sufficient evidence to meet the higher
test to confirm the Order route i.e. that it subsists on the
balance of probabilities and, given that objections have been
received to the Order, the stance to be taken by the County Council
regarding referral of the Order to the Secretary of State for the
Environment.
A report was presented on the addition of a restricted byway along Dark Lane, Bispham/Hilldale, West Lancashire.
Having previously agreed to the making of the Order, a decision was now required from Committee on whether they considered there was sufficient evidence to meet the higher test to confirm the Order route i.e. that it subsisted on the balance of probabilities and, given that objections had been received to the Order, the stance to be taken by the county council regarding referral of the Order to the Secretary of State for the Environment.
In August 2022, Regulatory Committee had agreed that the application for a Restricted Byway along Dark Lane be accepted and 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 to the Definitive Map and Statement of Public Rights of Way a Restricted Byway along Dark Lane. The route under investigation was shown on the Committee Plan attached to the agenda papers between points A-B-C-D-E-F.
Although not questioning the strength of the evidence on which the Order was to be made, Members had expressed concerns about the lack of responses from consultations with the relevant parish councils and the broader aspect of pre-order consultations generally. On that basis, Members decided to make an Order but had requested that officers return to Committee before confirmation, to allow for the opportunity for more consultation, in particular with the relevant parish councils, through the Order making process.
It was reported that the making of the Order and the statutory objection period had given everyone notified an opportunity to make further comment. No representations or comments had been received from either Bispham Parish Council or Hilldale Parish Meeting although both had been notified of the Making of the Order. Members had previously asked officers to encourage the Parish and Town Councils to respond to the consultations. David Goode informed Committee that he had attended the recent Parish and Town Council Conference and had advised representatives of Committee's request, and asked that responses to the consultations be provided, even if this was a 'no comments' response.
Nine objections and one representation to the Order had been received, the details of which were included in the Committee report. Committee were therefore advised to consider the evidence again (the August 2022 report at Appendix 'A' referred).
Committee were informed that the objections received did not in any way undermine the evidence that Members had relied upon in deciding that an Order should be made, and Members were recommended to approve that the county council as Order Making Authority submit The Lancashire County Council Addition of Restricted Byway known as Dark Lane, Bispham/Hilldale, West Lancashire Definitive Map Modification Order 2023 to the Secretary of State for Environment, Food and Rural Affairs for formal determination, and promote the Order to confirmation.
Resolved: That the county council as Order Making Authority should submit the Lancashire County Council Addition of Restricted Byway known as Dark Lane, Bispham/Hilldale, West Lancashire Definitive Map Modification Order 2023 to the Secretary of State for Environment, Food and Rural Affairs for formal determination, and promote the Order to confirmation.
An update sheet had been circulated to Members prior to the meeting in relation to Agenda Items 7, 9 and 13. The details are provided in the minute text of each separate item.
Divisions Affected: West Lancashire East;
Contact: David Goode Email: david.goode@lancashire.gov.uk Tel: 01772 533723, Stephanie Lee Email: Stephanie.Lee@lancashire.gov.uk, Annabel Mayson Email: annabel.mayson@lancashire.gov.uk.
Report author: David Goode
Date of decision: 27/11/2024
Decided at meeting: 27/11/2024 - Regulatory Committee
Accompanying Documents: