Agenda and minutes

No apologies for absence were received.

County Councillor Barrie Yates replaced County Councillor Peter Steen.

County Councillor Hasina Khan replaced County Councillor Jean Parr.

County Councillor Bernard Dawson replaced County Councillor Lorraine Cox.

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.

No pecuniary or non-pecuniary interests were disclosed.

Resolved:  That the minutes of the last meeting held on 15^th March 2018 be confirmed and signed by the Chair.

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.

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

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

A report had been presented to Regulatory Committee in May 2007 on an application for a Public Bridleway from the junction of Cob Lane and Cockhill Lane, Foulridge to Castle Road, Colne, and to upgrade from Public Footpath to Bridleway, Footpath No 65, Foulridge and Nos 19, 18, 16, 14, 12 and 8 Colne, to the Definitive Map and Statement of Public Rights of Way.

This application was to add a bridleway from sections A-B, as shown as the blue route on the Committee plan attached to the agenda papers, and to upgrade from public footpath to bridleway sections B-J, as shown as the yellow route on the Committee plan attached to the agenda papers.

It was noted that the Committee had decided that there was sufficient evidence that a bridleway on the blue route was reasonably alleged to subsist and an Order was therefore made which received objections.  The Committee had decided not to make an Order in respect of the yellow route, which had then been made the subject of an appeal.  It was reported that the Planning Inspectorate had allowed the appeal, and that the county council was directed to make an Order in respect of the yellow route.  Both Orders were subsequently advertised and received objections and will therefore need to be submitted to the Secretary of State for formal determination.

The Committee noted that the county council's stance in respect of the yellow route was to remain neutral, as it opposed the making of the Order on appeal, and that this stance had already been determined by Committee in December 2014.

It was therefore recommended that the county council's stance should also be neutral for the Order for the blue route as to promote that Order to confirmation would create a cul de sac route which Planning Inspectorate guidance did not recommend, unless there were special circumstances.  The Committee noted that there were no special circumstances in respect of this route and so a neutral stance was recommended.

Resolved:  That the county council as order making authority should send The Lancashire County Council (Cob Lane/Cockhill Lane to Kelbrook Wood) Definitive Map Modification Order 2014 to the Secretary of State for Environment, Food and Rural Affairs for formal determination, but should notify the Secretary of State that it does not actively support the Order and adopts a "neutral stance" as regards confirmation of the Order.

A report was presented on an application for the addition to the Definitive Map and Statement of Public Rights of Way, of a restricted byway along the route known as Aldcliffe Hall Drive, from Aldcliffe Road to Aldcliffe Hall Lane, Aldcliffe with Stodday, as shown between points A-B-C-D on the Committee plan attached to the agenda papers.

The application was on the basis of a considerable amount of user evidence.

It was reported that a number of residents living adjacent to the route referred to a right to erect a fence across the route in deeds from the 1950s, but, at the time of writing the report, no deeds had been made available to the county council, as part of the investigation, so no inference could be drawn.  Since that time, a copy of the deed and plan dated 18 January 1956 has been received, which related to land shown between points D-C and short of point B on the Committee plan, and referred to the road fronting the properties as being private, granting private rights of access to the two properties, and a right to erect a barrier where the bollards were subsequently installed.  However, the Committee noted that having private rights of access does not preclude public rights being dedicated.

Lancaster City Council had responded to consultations and confirmed that they did not have any interest in the area in question.

The Committee noted that reference had been made in the report to a bridleway which had been in reliance of the case of Whitworth v Secretary of State for Environment, Food and Rural Affairs.  This case had suggested that subsequent use of an accepted but unrecorded bridleway, where use of the bridleway would have been permitted by virtue of section 30 of the Countryside Act 1968, could not give rise to anything other than a bridleway.  The use on pedal cycle would have had to have shown earlier acceptance of the route as bridleway, for the cycle use to be supporting use as bridleway, rather than restricted byway.

However, it was reported that a recent Planning Inspectorate decision had been considered which had very similar circumstances to this application, in that there had been no pre-existence of bridleway rights.  The balance of pedal cycle users was the opposite of that in the Whitworth case.  It was noted that, in this case, use by cyclists outweighed use by horse riders; no horse riders had claimed to use this route.  Therefore, there was no basis from which a less burdensome bridleway could be inferred; the evidence of use by cyclists supported the establishment of a restricted byway over the claimed route.

It was therefore proposed that the recommendation be revised as follows, to refer to the making of an Order in respect of a restricted byway, as opposed to a bridleway:

Resolved:

(i)  That the application for a restricted byway along the route known as Aldcliffe Hall Drive, in accordance with File No. 804-592, be accepted.

(ii)  That  ...  view the full minutes text for item 6.

A report was presented on an application from John Douglas James Welbank and Sylvia Margaret Welbank to record a transfer of rights in gross, namely the right to graze 26 sheep gaits, between John Stephen Brown, the Transferor and the Applicants, the transferees, on 6^th November 2012, which had been previously attached to Ireby Green, Ireby, as shown on the supplemental map attached to the agenda papers.

The Committee noted that this was an application under Section 12 of the Commons Act 2006, and sought to amend the relevant entry in the rights section of the Common Land Register Unit CL23, to record a transfer of a commons right in gross (a right of common not attached to land but instead held by a person (e.g. under a deed)).  This case was in relation to the rights to graze 26 sheep gaits over the whole of CL23 (Ireby Fell).

In order for the transfer to be recorded, the Commons Registration Authority needed to be satisfied that the application had the effect of evidencing that the Applicants were the transferees of that right and that the registered owners of the right of common consented to the application.

It was reported that, in this case, the supporting documents submitted with the application did evidence that the Applicants, John and Sylvia Welbank, were the transferees and that the Commons Registration Authority, along with the application papers, also had confirmation of the transferor's consent to the application.

Resolved:  That the application be accepted, and the transfer of rights in gross be recorded in the Commons Register, in accordance with Section 12 of the Commons Act 2006, that Mr John Douglas James Welbank and Mrs Sylvia Margaret Welbank, were entitled to exercise the right to graze 26 sheep gaits on common land unit CL23.

There were no items of Urgent Business.

The next scheduled meeting will be held at 10.30am on Wednesday 18^th July 2018 in Cabinet Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.30am on Wednesday 18^th July 2018 in Committee Room B – The Diamond Jubilee Room, County Hall, Preston.