Issue - meetings

A report was presented on an investigation into public rights along part of the Pennine Bridleway National Trail from Cowpe Road to Bacup Road, Waterfoot, Rawtenstall, Rossendale as shown between points A-B-C on the Committee plan attached to the agenda papers.

The Committee noted that the route had been part of the National Trail known as the Pennine Bridleway, a loop off the main north-south route known as the 'Mary Towneley Loop', since the start of its implementation in 1995, but that this short section had no recorded public status.

It was reported that the section between point A and B had also formed part of the Irwell Valley Way and would also form part of the Valley of Stone and East Lancashire Cycleways currently being implemented by the county council.

A site inspection had been carried out in January 2019.

The Committee were informed it appeared that section A-B had been in use as a promoted route, initially footpath then bridleway for 17-23 years or more, from which dedication at common law could be inferred. Section B-C had been created, signposted and promoted by the landowner, which suggested a willingness to dedicate the public rights.

Committee were advised that the overwhelming circumstantial evidence of the county council's intention to dedicate the land as a public bridleway was such that the common law test for inference of dedication could be met. In addition, user evidence confirmed that the public had been using section B-C as a public bridleway since 2002.

Resolved:

(i)  That an order 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 Bridleway on the Definitive Map and Statement of Public Rights of Way from Cowpe Road to Bacup Road, Waterfoot, as shown on the Committee plan attached to the agenda papers between points A-B-C.

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