Decision details

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Addition of Footpath from Rosley Street to Trawden Road via Bright Street, Winewall, Trawden

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Addition of Footpath from Rosley Street to Trawden Road via Bright Street, Winewall, Trawden

Decisions:

A report was presented on an application for the addition of a footpath to the Definitive Map and Statement of Public Rights of Way from Rosley Street to Trawden Road via Bright Street, Winewall. The footpath to be added was shown on the Committee Plan attached to the agenda papers between points A-B-C-D.

 

It was reported that point D had been omitted from Recommendation (ii) which should have read:

 

'(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Footpath from Rosley Street to Trawden Road via Bright Street,   Winewall, Trawden, on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D.'

 

The update sheet also provided observations from the Head of Service – Legal and Democratic Services on Landownership, which had been omitted from page 163 of the Committee report. The observations were as follows:

 

'The majority of the land crossed by the application route is in the ownership of several private owners. There are two short sections that cross unregistered land. A section of the route also crosses land owned by Lancashire County Council roughly from point B to C on the Committee Plan.'

 

In addition, it included reference to the statement on page 164 that read ‘None of the users stated that they had never been prevented…’. This statement contained an unintended double negative and should have read ‘None of the users stated that they had ever been prevented…’

 

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, in conclusion and taking all of the evidence into account, they may consider, on balance, that the provisions of section 31 of the Highways Act 1980 could be satisfied. In addition, or in the alternative, Committee were informed they may also consider it could be reasonably alleged that there was sufficient evidence from which to infer dedication of a public footpath at common law. Committee were asked to consider whether they were satisfied there was sufficient evidence from which to infer dedication and, if they considered that public rights subsisted or could be reasonably alleged to subsist, they could decide to make the Order as set out within the Recommendation of the Committee report.

 

However, due to the low number of user evidence, Committee were advised they may consider that there was sufficient evidence to reasonably allege that public rights subsisted but not, on balance, sufficient evidence such that the higher test for confirmation could be met and may therefore feel that it should not proceed to promote to confirmation at this stage. Committee were informed if they were of the view that it was not satisfied that the higher test for confirmation could be met with the information currently available, the matter should be returned to Committee for a decision regarding confirmation, once the statutory period for objections and representations to the Order has passed.

 

The officer answered questions from Committee.

 

Resolved:

 

(i)  That the application for the addition of a Footpath from Rosley Street to Trawden Road via Bright Street, Winewall, Trawden, be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Footpath from Rosley Street to Trawden Road via Bright Street, Winewall, Trawden, on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D.

 

(iii)  That following the order making and notice period the matter be returned to Committee to decide what stance to take regarding confirmation.

 

Divisions Affected: Pendle Rural;

Contact: Simon Moore Email: simon.moore@lancashire.gov.uk.

Report author: Simon Moore

Date of decision: 27/11/2024

Decided at meeting: 27/11/2024 - Regulatory Committee

Accompanying Documents: