Decision

This ODR relates to obtaining permission to determine an application received to extend public footpath no 125013 at Low Row in the parish of Nether Denton. 

The amendment to the section of path is shown on the attached application plan (Appendix 1) and the purpose is to present the evidence regarding the route, and for a decision to be made whether to proceed with the next stage of the process by making a legal order.

Reasons for the decision

In determining applications of this nature, the Council’s 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 the 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 has not sought to prevent the public use of the route during that period.

The evidence produced shows that the claimed section of path has been used by ten of the nineteen users on foot for an uninterrupted period in excess of 20 years which, together with another four claiming they have used the route on foot for 19 years up until 2021 and continue to use the path today, is sufficient 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 taken from 2021, when the former owner of Kells Cottage erected signs stating private road, back to 2001. Ten of the 19 users claim to have walked the path regularly for 20 years uninterrupted. The path is still being used 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.

No evidence has been put forward to negate the application.

I am of the opinion that the evidentiary test for both making an Order and for confirming the Order have been satisfied on the evidence available, that a public right of way on foot has been shown to subsist, or reasonable alleged to subsist, over the section shown A-B-C on the plan at Appendix 1 and that an Order should be made and be confirmed in the event that no objections are made to the Order.

Alternative options considered

If the recommendation is accepted an Order will be made which may be objected to and, if so and if the objections are not withdrawn, will be passed to the Secretary of State for the Environment, Food and Rural Affairs for consideration.

If the recommendation is rejected the applicant has the option to appeal to the Secretary of State for the Environment, Food and Rural Affairs.

Risks

The following have been consulted: -

The local member for Nether Denton, Mike Mitchelson has been consulted but no response has been received.

The statutory undertakers have been consulted and none are affected. 

Further, the usual prescribed organisations have been consulted:

Nether Denton Parish Council – are the applicant.

Ramblers – In an email dated 14 June 2023 the local footpath secretary replied as follows:-

 “This seems to be a very welcome clarification and rationalisation of the route. I will consult but unless I contact you again within the deadline please register the full support of the Ramblers Association.”

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 the C&LJLAF stated “Considering its previous use, its continued use and the fact that it would make a logical extension linking footpath 125013 to the road the C&LJLAF supports this modification of the Definitive Map and extension to the footpath network.”

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 are five landowners affected by this claim. 

One of the affected landowner telephoned to say he had no objection to the footpath; another affected landowner emailed to say he and his wife “had no issue or objection at all to extending the footpath, apart from possible parking by non-residents for using the path”; another affected landowner also confirmed in a telephone conversation that he had no objection to the extension of the footpath and a fourth landowner emailed to say that “in so far as it may have any legal ownership in the route in question, it has no objection to a public footpath being recorded along it.”

No response has been received from the other affected landowner.