Agenda item

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Footpath from Kellet Road to Dunkirk Avenue, Carnforth
File Number 804-593

Minutes:

A report was presented on an application for the addition to the Definitive Map and Statement of Public Rights of Way of a public footpath from Kellet Road to Dunkirk Avenue, Carnforth, as shown between points A-B-C-D-E-F on the Committee plan attached to the agenda papers.

 

The Committee noted that a further application had been submitted for a footpath to the south of this route which included the section E-F.  This application was the subject of a separate report on the agenda.

 

A site inspection had been carried out on 20 February 2018.

 

It was reported that the section of the route between points A and E was registered to the Homes and Communities Agency (now Homes England).  The section of the route between points E and F was registered to Lancaster City Council.

 

The Committee were informed that Trowers & Hamlins LLP, acting on behalf of Homes England, had objected to the application.  They had stated that their client was currently developing the site, and that they had taken exhaustive steps to give notice (by signage on site) that the land was private property, potentially unsafe and unsuitable for public access.  The Committee noted that whilst the objection was acknowledged, the concerns raised were not relevant considerations under either Section 31 Highways Act 1980 or under Common Law as to whether public rights already existed before Homes England acquired the land.

 

The claim was that the route A-B-C-D-E-F had already become a footpath in law, and that it should be recorded on the Definitive Map and Statement of Public Rights of Way.

 

It was suggested that there was insufficient historical map evidence from which public rights could be inferred.  However, sufficient 'as of right' use acquiesced in by the owners may also have been circumstances from which dedication could be inferred.  From looking at user evidence, it would appear that, until 2017, no clear actions were taken by owners and use by the public continued over several years prior to 2017.  It is therefore suggested that the user forms indicate that the route had been used 'as of right' and without force, secrecy or interruption during the period under consideration.

 

It was suggested to Committee that after careful consideration, the criteria under Section 31 Highways Act 1980 could be satisfied and that, taking all of the information into account, the Committee may consider that a dedication of a footpath could be deemed or inferred, and that it was appropriate that an Order be made and promoted to confirmation.

 

Resolved:

 

(i)  That the application for the addition to the Definitive Map and Statement of a Public Footpath from Kellet Road to Dunkirk Avenue, Carnforth, in accordance with File Number 804-593, be accepted.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Public Footpath from Kellet Road to Dunkirk Avenue, Carnforth to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C-D-E-F.

 

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

Supporting documents: