Agenda and minutes

Venue: Committee Room 'B' - The Diamond Jubilee Room, County Hall, Preston. View directions

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

Media

Webcast: View the webcast

Items
No. Item

1.

Apologies

Minutes:

No apologies for absence were received.

 

County Councillor Barrie Yates replaced County Councillor Jimmy Eaton.

 

County Councillor Bernard Dawson replaced County Councillor Loraine Cox.

 

County Councillor Malcolm Barron took the Chair in County Councillor Eaton's absence.

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 pdf icon PDF 72 KB

Minutes:

Resolved:  That the minutes of the last meeting held on 6 June 2018 be confirmed and signed by the Chair.

4.

The Constitution, Membership, Terms of Reference and Programme of Meetings for the Regulatory Committee pdf icon PDF 90 KB

Additional documents:

Minutes:

A report was presented setting out the constitution, membership including the chair and deputy chair and Terms of Reference of the Regulatory Committee, and the programme of meetings for 2018/19.

 

Resolved:  The Committee noted:

 

(i)  The constitution/membership of the Committee following the county council's annual meeting on 24 May 2018.

 

(ii)  The appointment of County Councillors Jimmy Eaton and Malcolm Barron as chair and deputy chair of the Committee for 2018/19.

 

(iii)  The Terms of Reference of the Committee.

 

(iv)  The agreed programme of meetings for the Committee.

5.

Guidance pdf icon PDF 82 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.

 

 

6.

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Bridleway from Reedymoor Lane to the junction of Whitemoor Road and Standing Stone Lane, Foulridge, Pendle Borough pdf icon PDF 15 MB

Additional documents:

Minutes:

A report was presented on an investigation of public rights from Reedymoor Lane to the junction of Whitemoor Road and Standing Stone Lane, Foulridge, Pendle Borough.

 

A site inspection had been carried out in May 2017.

 

An application under Schedule 14 of the Wildlife and Countryside Act 1981 had originally been received in 1987 for the route to be recorded as a byway open to all traffic and an Order was made.  However, objections were received and a public inquiry had been held in 1997, following which the Order was not confirmed. 

 

Committee noted that the route had been researched again in 2008, as part of a review of previous Order decisions and that, following discussions with members of the local horse riding community, an investigation into the route as bridleway commenced, as shown between points A-B-C-D-E-F-G-H-I on the Committee plan attached to the agenda papers.

 

The investigation had included user evidence not previously considered at the 1997 inquiry, and additional documentary evidence had also been considered which had been detailed in the Committee report.

 

A query was raised in relation to the currently disused railway on the route and what would happen, should the railway ever re-open in the future.  It was confirmed that the issue for now was whether bridleway rights existed and that anything that could happen in the future could not be taken into account at this stage.

 

Taking all of the evidence into account including the site evidence, which was consistent with the user evidence, it was suggested to Committee that bridleway rights are more likely than not to exist and this way should therefore be recorded as a bridleway.

 

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) and (ii) of the Wildlife and Countryside Act 1981 to

upgrade Footpaths 63 and 8 (part) Foulridge to bridleway and to add a bridleway to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-F-G-H-I.

 

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

7.

Wildlife and Countryside Act 1981 Definitive Map Modification Order Investigation Application to upgrade part of Bridleway 29 Barnacre-with-Bonds, known as Byerworth Lane, to Byway Open to all Traffic pdf icon PDF 8 MB

Additional documents:

Minutes:

A report was presented on an application to record, on the Definitive Map and Statement of Public Rights of Way, part of Bridleway 29 Barnacre-with-Bonds (known as Byerworth Lane) as a byway open to all traffic, shown between point A and point C on the Committee plan attached to the agenda papers.

 

A site inspection had been carried out in April 2018.

 

It was acknowledged that this was a named route, and that its depiction on some historical Ordnance Survey maps was consistent with how other public vehicular highways were shown.  However, the route was not shown on early commercial maps, it had not been acknowledged as a public vehicular highway in the District Valuation carried out under the Finance Act 1910 and its alignment and width made it unlikely to have been used as a through-route compared to the Garstang Road.

 

Whilst the evidence was not unequivocal, and taking into consideration the full length of the route from point A through point B and point C, and then generally east to exit onto Garstang Road at Bowgreave, it appeared that there was insufficient evidence to infer historical public vehicular rights.

 

Taking all the evidence into account, the Committee noted that there was insufficient evidence that the application route had public carriageway rights which, as this would be an upgrade from bridleway, would have need to be shown to subsist on the balance of probabilities. 

 

Resolved:  That the application for part of Bridleway 29 Barnacre-with-Bonds to be recorded as a Byway Open to All Traffic, in accordance with File No. 804-424, be not accepted.

 

    

8.

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.

9.

Date of Next Meeting

The next scheduled meeting will be held at 10.30am on Wednesday 19th September 2018 in Cabinet Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

Minutes:

It was noted that the next meeting of the Committee would be held at 10.30am on Wednesday 19 September 2018 in Committee Room B – The Diamond Jubilee Room, County Hall, Preston