Agenda item

A report was presented on an investigation into the existence of public rights of access along Limers Lane, Great Harwood, as shown between points A-B-C-D on the Committee plan attached to the agenda papers.

Committee noted that it had been brought to the attention of officers that Limers Lane, between Blackburn Old Road and Clinkham Road, Great Harwood was not recorded on the Definitive Map and Statement of Public Rights of Way, and was not recorded on the county council's List of Streets as a publicly maintainable highway.

Having looked at the fact that the route had been included on a number of old commercial maps, officers considered that the route may in fact be a public highway and that its legal status should be investigated.

A site inspection had been carried out on 1^st February 2021 at which whilst largely out of repair, the bounded route appeared to be one of some antiquity which would, if maintained, be wide enough to be capable of being used by vehicles.

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.

County Councillor Howarth queried how this matter had to come to light and was concerned about the amount of officer time involved with the investigation. Committee were advised that a county council officer had come across this issue, whilst dealing with reports about two public footpaths that linked to the route. It was explained that the Public Rights of Way Team tried to prioritise routes involving potential restricted byways and bridleways, due to the public benefit to the greatest number of people.

The Chair reported that on the recent site visit, the route had been mown and was well cared for, with a wide path, making the route much easier to walk.

The Committee noted that the documentary evidence was supportive of the route under investigation being a very old vehicular highway and that the rights had never been stopped up. By virtue of the Natural Environment and Rural Communities Act 2006, the public rights for mechanically propelled vehicles had been extinguished and the appropriate status for the old vehicular route to be recorded was advised to be restricted byway.

CC Oakes asked that, if the Recommendation was accepted by Committee, what would the required standard for this path be. It was reported that as the lane was in a rural location and likely to be used by walkers, cyclists and horseriders, it would be maintained at an appropriate level for these users.

Resolved:

(i)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to record on the Definitive Map and Statement of Public Rights of Way a restricted byway along Limers Lane, Great Harwood as shown on Committee Plan between points A-B-C-D.

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