Decision Maker: Regulatory Committee
Decision status: Recommendations Approved
Is Key decision?: No
Investigation into the existence of public
rights over Vicarage Fold, Wiswell.
A report was presented in relation to an investigation into the existence of public rights over Vicarage Fold, Wiswell. The route under investigation was shown on the Committee plan attached to the agenda papers (but not annotated) as a thick dashed line which ran from an open junction with Old Back Lane between Vicarage Farm and 2 Old Back Lane (point A) to an open junction with Pendleton Road between Vicarage House and 1 Pendleton Road (point B).
It was reported that a request which did not comply with Schedule 14 of the Wildlife and Countryside Act 1981 had been received for the recording of an 'unadopted highway' on the Definitive Map and Statement of Public Rights of Way or other appropriate document.
The request had been made because the route was not recorded as a publicly maintained highway by the county council on the List of Streets, and was not recorded as a route carrying a public right of access on the Definitive Map and Statement.
The person making the request (referred to as the 'applicant') had provided some evidence to support their assertion that the route was a public right of way, but had requested that it should be recorded as an 'unadopted highway'. However, the Definitive Map and Statement of Public Rights of Way records only specific categories of public rights – public footpath, bridleways, restricted byways and byways open to all traffic and this had been explained to the 'applicant'.
The investigation looked at whether public rights existed and, if so, what those public rights were and whether it was appropriate to record them on the Definitive Map. The purpose of the investigation was not to determine whether the route was publicly maintainable, although this would normally become apparent as part of the process.
Various maps, plans and other documents were examined to discover when the route came into being, and to try to determine what its status may be.
Committee were advised that, although the Ordnance Survey maps suggested the route had been capable of being used as a through route, there was no evidence that it was so used (rather than simply access to properties from both ends) and that this map evidence on its own was not considered sufficient to determine public rights. It was therefore suggested to Committee that, on balance, there was insufficient evidence to infer dedication and that no Order be made.
The officer answered questions from Committee.
After a discussion, it was Proposed and Seconded:
"That an Order be made for the addition of a restricted byway from an open junction with Old Back Lane between Vicarage Farm and 2 Old Back Lane (point A) to an open junction with Pendleton Road between Vicarage House and 1 Pendleton Road (point B), but that not being satisfied that the higher test for confirmation could be met, the matter be returned to Committee for a decision regarding confirmation, once the statutory period for objections and representations to the Order had passed."
Upon being put to the Vote, the Motion was Carried.
Resolved:
(i) 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 to the Definitive Map and Statement of Public Rights of Way, a restricted byway from an open junction with Old Back Lane between Vicarage Farm and 2 Old Back Lane (point A) to an open junction with Pendleton Road between Vicarage House and 1 Pendleton Road (point B).
(ii) That the matter be returned to Committee for a decision regarding confirmation, once the statutory period for objections and representations to the Order had passed.
Divisions Affected: Ribble Valley North East;
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: