Decision details

A report was presented on an application for the upgrading on the Definitive Map and Statement of the recording of footpath to bridleway across Hoscar Moss from the junction of Bleak Lane and Wood Lane to Meadow Lane, Lathom. The application route was shown on the Committee Plan attached to the agenda papers between points A-B-C-D-E.

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.

The legal officer informed Committee that emails had been received from the landowner and the tenant after the deadline, raising concerns in relation to the peatland. Details of the concerns were provided verbally to Committee.

It was suggested that Committee had sufficient evidence, on balance, that the route was a historical public route available not only for use on foot or horseback but also as a vehicular highway. There had been no legal stopping up of those rights and so it was advised that the legal maxim "once a highway always a highway" would apply.

Committee noted the response from one of the landowners which referred to their understanding of the "alleged bridleway" having been fenced off for the past 43 years "only to provide footpath access." However, Committee noted that in this instance the county council was relying on historical map evidence and that this fencing was relatively recent.

Committee were advised if they were content that there was sufficient evidence of an old vehicular highway between points A-E, the Natural Environment and Rural Communities Act 2006 would have extinguished mechanically propelled vehicular rights, leaving the route to be appropriately recorded as a restricted byway. It was therefore recommended to make an Order as set out in the Recommendation of the report and that the Order be promoted to confirmation.

The officer answered questions from Committee.

After a discussion, it was:

Resolved:

(i)  That the application to upgrade 8-19-FP87 and part of 8-19-FP88 to bridleway on the Definitive Map and Statement of Public Rights of Way be accepted, subject to the recording of additional rights.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)of the Wildlife and Countryside Act 1981 to upgrade 8-19-FP87 and part of 8-19-FP88 to restricted byway on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E.

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