Issue - meetings

A report was presented on an application for a bridleway to be added to the Definitive Map and Statement from Noyna Road to the junction with Footpath Foulridge 36 east of Noyna Hall and the upgrading to Bridleway of part of Footpath Foulridge 36 from east of Noyna Hall to Moss Houses Road, Foulridge, in accordance with File No. 804-609. The routes were shown marked A-B-C-D and D-E-F-G-H-I-J-K respectively on the Committee plan attached to the agenda papers.

A site inspection had been carried out in October 2019.

It was reported that there was insufficient documentary evidence of historical bridleway rights along the route. In addition, it was considered that equestrian use of the route was not representative of the public at large and therefore the evidence did not raise a presumption of dedication of a bridleway, and thus failed the statutory test. Furthermore, the actions of at least one landowner to prevent/discourage equestrian use and use having been by a limited section of the public concluded that the evidence also failed to satisfy the common law test.

Taking all the evidence into account, the Committee considered that it was reasonable to conclude, on the balance of probabilities, that the evidence was insufficient to show (i) that bridleway rights were reasonably alleged to subsist along the unrecorded section of the route (A-B-C-D) or (ii) that bridleway rights did subsist along the section that was currently recorded as a public footpath (D-E-F-G-H-I-J-K).

Resolved: That the application for a bridleway to be added to the Definitive Map and Statement from Noyna Road to the junction with Footpath Foulridge 36 east of Noyna Hall and the upgrading to bridleway of the footpath from east of Noyna Hall to Moss Houses Road, Foulridge, in accordance with File No. 804-609, be not accepted.