Agenda and minutes

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Venue: Committee Room 'C' - The Duke of Lancaster Room, County Hall, Preston. View directions

Contact: Joanne Mansfield (Tues-Fri am)  Tel: (01772) 534284, Email:  joanne.mansfield@lancashire.gov.uk

Media

Items
No. Item

1.

Apologies

Minutes:

There were no apologies for absence.

 

Temporary changes

 

County Councillor Mark Clifford replaced County Councillor Terry Aldridge.

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

Minutes:

No pecuniary or non-pecuniary interests were disclosed.

3.

Minutes of the last Meeting held on 15 September 2021 pdf icon PDF 135 KB

Minutes:

Resolved: That the minutes of the meeting held on 15 September 2021 be confirmed and signed by the Chair.

4.

Guidance pdf icon PDF 21 KB

Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders to be made under the Highways Act 1980 is presented for the information of the Committee.

 

Additional documents:

Minutes:

A report was presented providing guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and the law and actions taken by the authority in respect of certain Orders to be made under the Highways Act 1980.

 

Resolved: That the Guidance as set out in Annexes 'A', 'B' and 'C' of the report presented, be noted.

 

 

5.

Progress Report on Committee Items pdf icon PDF 226 KB

Minutes:

A report was presented providing an update on the progress made in relation to matters previously considered by Committee.

 

Committee noted that although the term 'applications' had been used for convenience these were not all formal applications made under Schedule 14 of the Wildlife and Countryside Act 1981 but included some cases where sufficient evidence had been discovered or presented to the county council to indicate an investigation was appropriate.

The Chair informed Committee that funding had now been made available for an additional Public Path Order Officer, which should help with the delay in processing applications.

Resolved: That the report be noted.

 

 

 

6.

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Investigation into Public Rights on Moss Lane, Overton
pdf icon PDF 2 MB

Additional documents:

Minutes:

A report was presented on an application for Footpath Overton 1 – known as Moss Lane - to be upgraded to Bridleway on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan attached to the agenda papers between points A-F.

 

A site inspection had been carried out in October 2020.

 

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.

 

Details of the evidence examined in support of making an Order were provided to Committee. There was no evidence against making an Order.

 

Committee were advised that if they were content there was sufficient evidence of a vehicular highway along the application route, then the Natural Environment and Rural Communities Act 2006 would have extinguished modern mechanically propelled vehicular rights, leaving the route to be appropriately recorded as a restricted byway.

 

Resolved:

 

(i)  That the application for the route recorded as Footpath Overton 1 (Moss Lane) to be recorded on the Definitive Map and Statement of Public Rights of Way as a Bridleway, be accepted subject to carriageway rights also being recognised.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(ii) of the Wildlife and Countryside Act 1981 to upgrade Overton 1 (Moss Lane) from Footpath to Restricted Byway on the Definitive Map and Statement of Public Rights of Way.

 

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

7.

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Upgrade of Footpath Nether Kellet 11 (Green Hill Lane) to Bridleway
pdf icon PDF 2 MB

Additional documents:

Minutes:

A report was presented on an application for the upgrading of Footpath Nether Kellet 11 (Green Hill Lane) to Bridleway on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan attached to the agenda papers between points A-B.

 

It was reported that, since the agenda had been published, several user  representations had been received which had not yet been analysed by officers. As the application presented was based solely on documentary evidence, it was proposed that the report be deferred to the next meeting, to allow officer analysis of the recent user evidence received, and for Committee to be provided with complete information in order to consider both the application to record existing bridleway rights or to create new bridleway rights.

 

Resolved: That the report be deferred to the next meeting to allow officers to consider the options of a Definitive Map Modification Order application for bridleway, or the creation of a bridleway, on Footpath Nether Kellet 11 (Green Hill Lane), as shown on the Committee plan attached to the agenda papers between points A-B.

 

8.

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Restricted Byway from Borwick Hall Bridge to the River Keer near Capernwray Old Hall
pdf icon PDF 4 MB

Additional documents:

Minutes:

A report was presented on an application for the addition of Restricted Byway from Borwick Hall Bridge, Borwick to the south side of the ford crossing of the River Keer and junction with unclassified county road U50230 near Capernwray Old Hall, Nether Kellet to the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan attached to the agenda papers between points A-E.

 

A site inspection had been carried out in September 2020.

 

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.

 

Details of the evidence examined in support of the making of an Order were provided to Committee. There was no evidence examined against the making of an Order.

 

Committee were advised that there was sufficient evidence from which to infer a vehicular highway had already been dedicated on this route over 200 years ago and that they may consider it appropriate that an Order be made for the route marked A-E to be added to the Definitive Map and Statement as restricted byway. In addition, Committee were advised that the evidence was sufficiently strong to decide that the Order be promoted to confirmation.

 

Resolved:

 

(i)  That the application for the addition of Restricted Byway from Borwick Hall Bridge, Borwick to the south side of the ford crossing of the River Keer and junction with unclassified county road U50230 near Capernwray Old Hall, Nether Kellet, be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) the Wildlife and Countryside Act 1981 to add a Restricted Byway from Borwick Hall Bridge to the south side of the ford crossing of the River Keer and junction with unclassified county road U50230 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 higher test for confirmation can be met the Order be promoted to confirmation.

 

9.

Urgent Business

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.  Wherever possible, the Chief Executive should be given advance warning of any Member's intention to raise a matter under this heading.

Minutes:

There were no items of Urgent Business.

10.

Date of Next Meeting

The next scheduled meeting will be held at 10.30am on Wednesday 26th January 2022 at County Hall, Preston.

Minutes:

It was noted that the next meeting would be held at 10.30am on Wednesday 26th January 2022.