Agenda item

A report was presented on an application for the addition of a Footpath from the junction with Footpath Rawtenstall 206 leading from Hillside Drive, Newchurch  to the junction with Footpath Rawtenstall 392, to be recorded 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 and B.

An amended Location Plan (copy attached) had been circulated to the Committee prior to the meeting.

A site inspection had been carried out in 2019.

A variety of maps, plans and other documents had been examined to discover when the route had come 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 noted that Rossendale Borough Council had not responded to the county council's consultation. County Councillor Cheetham reported that many of the Borough Council's historical records had been lost in the 1978 floods and that this may have been the reason why no response had been received.

A query was raised by County Councillor Whittam about the site inspection and the fact that this took place in 2019. It was explained that sites were visited as soon as possible after applications had been received.

CC Burrows raised a safety issue about the stone steps along the route being slippery in wet weather, Committee were informed that safety was a separate issue to making a decision on whether public rights existed or not. However, if a public right of way was thought to exist, then anything dangerous on the route would be considered after this had been confirmed. Committee noted that, in this case, slipping on the steps would not be a public liability issue.

The Chair had noted on the site visit that some of the wood had come away from the fence and that nails were exposed and asked that, if an Order was made, how would these issues be rectified. David Goode confirmed that it would be the responsibility of the owner of the fence to make it safe although as county council officers were aware of the problems, they could go out to the site and rectify this.

Taking all of the evidence into account, it was recommendedthat Committee accept the application as, on balance, deemed dedication under Section 31 could be satisfied or dedication inferred from all the circumstances, including the use by the public and that an Order be made.

Resolved:

(i)  That the application for the addition of a public footpath from Footpath

Rawtenstall 206, leading from Hillside Drive, to Footpath Rawtenstall 392 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 Footpath from Footpath Rawtenstall 206 near Hillside Drive to Footpath Rawtenstall 392 on the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A and B.

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