Content

The ODR relates to an
application to add a section of public footpath at former Lonsdale
Terrace, Workington in the parish of Workington.
 
The section of path is shown on
the attached application plan (Appendix 1). The evidence regarding
the route is presented below, and the decision to be made is
whether to proceed with the next stage of the process by making a
legal order.
 

Reasons for the decision

In determining these applications our role is
to consider whether or not the available evidence (including any
evidence submitted by objectors) supports the claim made in the
application. This involves assessing the evidence that the public
has used a route as of right (without force, secrecy or permission)
and without interruption for a period of 20 years or more. It is
also important to establish that the landowner during that period
has not sought to prevent the public use of the route.
 
The evidence produced shows that the claimed
section of path has been used by a sufficient
number of the public on foot for an uninterrupted period in
excess of 20 years to satisfy me that a public footpath subsists or
is reasonably alleged to subsist.
 
In this case the 20 years uninterrupted use by
the public is from 1984 to 2004. All 10 users claim to have used
the path regularly for 20 years or more during that
time.  The path is still in use
today.
 
In order to negate
an application a landowner or objector needs to provide evidence
that the claimed route has not been used as a right of
way.  For example, that the landowner
stopped the public using the route by putting up notices or turning
people away or maybe locked gates or obstructions were present
which meant that the public could not physically walk along the
path as claimed.
 
Fences were erected when the land was sold,
however, the public right to walk had already been established by
this time.  The landowner was also made
aware at that time of the possible public right to walk along this
path and the extent of the local interest and comment. 

Alternative options considered

If an Order is made and
objected to it will be passed to the Secretary of State for the
Environment, Food and Rural Affairs to deal with.
 
If an order is not made the
applicant has the option to appeal to the Secretary of State for
the Environment, Food and Rural Affairs.
 
An objection has been received
from the landowner (copy attached as Appendix 5) who states that
the land was bought “without any encumbrance” and that
there was no public footpath shown on the title deeds. 
 
Risks
 
The local member for St
Michaels, Barbara Cannon has been consulted and has no
objections.
The statutory undertakers have
been consulted.  Further, the usual
prescribed organisations have been consulted:
Workington Town Council –
no response received.
Ramblers – no responses
received.
Byways and Bridleways
Association – no response received.
Open Spaces Society – no
response received.                    
Cumbria and Lakes Joint Local
Access Forum – In a formal letter of response dated 20 June
2023 “As development has not taken place so far and public
use has continued across what is now grass, approving this
application would protect public access and enable users to
continue to enjoy the short cut.  This
addition to the rights of way network would not adversely affect
any other user or landowner.  The
C&LJLAF supports the application.”
Cumbria Bridleways Society
– no response received.
British Horse Society –
no response received.
Cyclists' Touring Club –
no response received.                              
British Driving Society –
no response received.
Auto Cycle Union – no
response received.
There is only one landowner
affected by this claim.