Decision details

A report was presented on a further decision required on the stance to be taken with regards to the submission of 'The Lancashire County Council (Ormerod Street to Gamble Road, Thornton Cleveleys) Definitive Map Modification Order 2015' to the Planning Inspectorate.

An application under Schedule 14 of the Wildlife and Countryside Act 1981 had been received to record on the Definitive Map and Statement of Public Rights of Way a public footpath from Ormerod Street to Gamble Road, Thornton Cleveleys. The application route was shown on the Committee Plan attached to the agenda papers between points A-B-C-D-E-F.

At the meeting of the Regulatory Committee held on 13 May 2015, a decision had been made to make an Order in accordance with the application and subsequent investigation and that, being satisfied that the higher test for confirmation could be met, the Order be promoted to confirmation if necessary by submitting it to the Secretary of State (Appendix A referred).

Committee noted that two objections had been duly made to the Order. These objections had been summarised in a second report presented to the Regulatory Committee on 25^th September 2024 (Appendix B referred). In that report, officers had recommended that the Order be referred to the Planning Inspectorate, with the available evidence, with the Order Making Authority taking a neutral stance. Committee had resolved that:

"That being satisfied that the higher test for confirmation can be met, the Order be submitted to the Planning Inspectorate and promoted to confirmation."

Committee had also suggested that officers seek further evidence. It was reported that this further information had now been obtained from the applicant and a thorough interrogation of the evidence carried out, the details of which were set out in the Committee report. 

Taking all this information into account, Committee were advised that they may consider there was insufficient evidence that a public footpath subsists on the balance of probabilities, and that the Authority take a neutral stance when submitting the Order to the Planning Inspectorate for a decision on confirmation of the Order.

It was reported that, should members agree that the Order be submitted with the Order Making Authority taking a neutral stance, it was advised that it would still be open to the applicant, or anyone wishing to support the Order, to submit evidence and/or representations directly to the Planning Inspectorate and that, if done in the correct manner, the Planning Inspectorate would take representations and evidence into account when determining the Order.

County Councillor Kay expressed disappointment with Wyre Council and Fleetwood Town Council who had agreed an alternative route to be provided, as part of a planning application 10 years ago, that had not yet been provided. However, County Councillor Kay thanked Jayne Elliott for all her work on this application.

Resolved: That, following further investigations and consideration of the evidence and objections received, the Committee recommended that the Order Making Authority now take a neutral stance with regards to confirmation when submitting the Order to the Planning Inspectorate for determination.