Decision details

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Public Rights over Mere Lane, Rufford/Tarleton

Decision Maker: Regulatory Committee

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

Application for the addition of a restricted byway and upgrading of footpath to restricted byway over Mere Lane in the parishes of Rufford and Tarleton, West Lancashire.

Decisions:

A report was presented on an application for the addition to the Definitive Map and Statement of a restricted byway and upgrading of footpath to restricted byway over Mere Lane in the parishes of Rufford and Tarleton, West Lancashire. The application route was shown on the Committee plan attached to the agenda papers between points A-B-C-D-E-F.

 

The update sheet referred to some additional wording to Recommendation (i) which should have read:

 

'(i)  That the application for the addition of a restricted byway and upgrading of part of FP0816022 to restricted byway over Mere Lane in the parishes of Rufford and Tarleton, West Lancashire be accepted in part, subject to the status of Mere Lane being recorded as footpath rather than restricted byway.'

 

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.

 

Taking all of the evidence into account, Committee were advised that there was, on balance, sufficient evidence of footpath rights being dedicated by the freehold owner pre-1995, but insufficient evidence of higher rights being dedicated or being able to be reasonably alleged to subsist on this route. In the alternative, presumed dedication under Section 31 of public footpath rights could be shown from the evidence. The recommendation was therefore that an Order be made to record a footpath on the route.

 

After a discussion, it was:

 

Resolved:

 

(i)  That the application for the addition of a restricted byway and upgrading of part of FP0816022 to restricted byway over Mere Lane in the parishes of Rufford and Tarleton, West Lancashire be accepted in part, subject to the status of Mere Lane being recorded as footpath rather than restricted byway.

 

(ii)  That an Order(s) 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 over Mere Lane in the parishes of Rufford and Tarleton on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-F.

 

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

 

Divisions Affected: Burscough & Rufford; West Lancashire North;

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: