Agenda item

Wildlife and Countryside Act 1981
Definitive Map Modification Order Investigation
Addition of Bridleway from Nether Kellet Road to Kirkby Lonsdale Road, Over Kellet via Kirk House Farm

Minutes:

A report was presented on an application for the addition of a bridleway from Nether Kellet Road to Kirkby Lonsdale Road, Over Kellet via Kirk House Farm, to the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan attached to the agenda papers between points A-B-C-D-E-F-G-H.

 

A site inspection had been carried out in January 2022.

 

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.

 

Committee were informed that no modern user evidence had been submitted as part of this application and it was noted that the historical route was no longer accessible between point A and point C. The route E-H had been created as a private road as part of the inclosure process.

 

It was reported that, whilst the route was consistently shown on all Ordnance Survey maps examined, including the small-scale 1 inch maps, suggesting that it was capable of being used at least on horseback, it was not known whether this use would have been public or private.

 

Committee were advised to consider whether there was sufficient evidence from all the circumstances to infer at common law that owners of this route intended dedicating, or whether there was evidence of twenty years use by sufficient users without sufficient evidence of a lack of intention to dedicate, from which dedication could be deemed under S31 Highways Act 1980.

 

County Councillor Towneley stated that as this was a historical claim, user evidence was not required to be provided although the letter received from one user was compelling in that the application route had been used for over 21 years. Every part of the route was shown on maps which were publicly available. From the evidence provided, County Councillor Towneley considered that the application route was a public right of way and had been for some years, as it had consistently been shown on publicly available maps for many years. Although the application route was blocked by a stone wall at Point A, it was stated that a diversion could be applied for if it was seen to be a public right of way. To conclude, County Councillor Towneley considered that there was historical evidence of a public right of way along the application route and it was Proposed and Seconded that:

'The Recommendation in the report be not accepted and that the application for a bridleway from Nether Kellet Road to Kirkby Lonsdale Road, Over Kellet via Kirk House Farm to be added to the Definitive Map and Statement of Public Rights of Way, be accepted and promoted to confirmation'.

It was therefore:

Resolved:

(i)  That the application for a Bridleway from Nether Kellet Road to Kirkby Lonsdale Road, Over Kellet via Kirk House Farm, to be recorded on the Definitive Map and Statement of Public Rights of Way, be accepted.

 

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) and (ii) of the Wildlife and Countryside Act 1981 to record a Bridleway from Nether Kellet Road to Kirkby Lonsdale Road, Over Kellet via Kirk House Farm on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee Plan between points A-B-C-D-E-F-G-H.

 

(iii)  That being satisfied that the test for confirmation (which for additions is higher than the test for making the Order) can be met the Order be promoted to confirmation.

 

Supporting documents: