Decision details

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Deletion of part of FP1304124 off Keighley Road, Colne

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Deletion from the Definitive Map and Statement of Public Rights of Way of part of FP1304124 between Skipton Old Road and Keighley Road, Colne.

Decisions:

A report was presented on the deletion of part of FP1304124 between Skipton Old Road and Keighley Road, Colne, from the Definitive Map and Statement of Public Rights of Way. The route to be deleted was shown on the Committee Plan attached to the agenda papers between A-B.

 

It was reported that the county council's public rights of way team had been contacted by an officer from Pendle Borough Council with regards to an enquiry about a spur leading off FP1304124, which was obstructed where it passed through the garden of 38 Skipton Old Road, Colne BB8 7AD.

 

Further investigations had shown that the recorded legal line of FP1304124 had consistently been shown on historical mapping from Bent Lane through to Skipton Old Road, but that the spur marked by a solid black line between points A-B on the Committee Plan had not been shown and did not appear to exist. Despite this, the route A-B had been recorded on the Revised Definitive Map.

 

A thorough search had been conducted by the county council into the history of the footpath which identified that the route A-B had not been shown on any maps predating the publication of the Revised Definitive Map (First Review) – including the Draft, Provisional and First Definitive Map, and it was not described as part of FP1304124 in the Definitive Statement. It was reported that the Investigating Officer had been satisfied that, in this instance, the Revised Definitive Map (First Review) was incorrect due to a drafting error, and that the route shown between points A-B was not, and never had been, a public footpath.

 

Committee were advised that there was sufficient persuasive evidence to outweigh the initial presumption that the right of way existed, and that, on the balance of probabilities, the route as shown between points A-B had been recorded in error on the Revised Definitive Map (First Review) and should be deleted. It was therefore recommended that an Order be made under Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981, that the test for confirmation could be met and that the Order should be promoted to confirmation.

 

Resolved:

 

(i)  That an Order be made pursuant to Section 53 (2)(b) and Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to delete part of FP1304124 from the Definitive Map and Statement of Public Rights of Way from a point on FP1304124 south of Skipton Old Road to the adopted back street at the rear of 215-259 Keighley Road (U40326) and shown on the Committee Plan between points A-B.

 

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

 

Divisions Affected: Pendle Rural;

Contact: Annabel Mayson Email: annabel.mayson@lancashire.gov.uk.

Report author: Annabel Mayson

Date of decision: 27/11/2024

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

Accompanying Documents: