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“Why was Sandyhall Lane's bridleway application previously rejected?”

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Summary

The Regulatory Committee of Lancashire County Council met on 18 June 2025, and among other items, the committee approved the making of a Definitive Map Modification Order to record a public bridleway along Sandyhall Lane in Barrowford, and agreed to appoint an independent inspector to determine an application to register land known as 'The Hellicliffes' as a town or village green. The committee also approved the making of an order to add a footpath at Chorley Road, Withnell, and approved a diversion to a footpath at Wood End, Silverdale.

Sandyhall Lane Bridleway

The committee accepted an application to add a public bridleway and upgrade an existing public footpath along Sandyhall Lane in Barrowford. The decision was based on evidence presented in a report, which detailed the history of the lane and user accounts. The committee agreed to make a Definitive Map Modification Order under S53(2)(b) of the Wildlife and Countryside Act 1981 to record the bridleway along the full length of Sandyhall Lane, and to promote the order to confirmation.

The report noted that an earlier application to upgrade part of the route to a bridleway had been rejected in 1996 due to insufficient evidence. However, the current application included new user evidence and some limited historical map and documentary evidence.

The investigating officer's report summarised the documentary evidence:

It appears to the Investigating Officer that the map and documentary evidence pre-1900 is insufficient to show on balance that the application route was dedicated to the public as a public bridleway or public vehicular road at that time. Post-1900 the information available is finely balanced. New evidence not included in the 1996 Committee report suggests that there is some indication that public rights were dedicated in the late 1920s/1930s with the route named as Sandy Hall Lane and referred to as a Third Class Road. By the 1950s however use of the route as a public through-route may have started to decline resulting in only public footpath rights being recorded beyond point C with the inference that public footpath rights at the least should now be recorded along the section A-C.

Bridleway from Bannister Lane to Moss Lane

The committee accepted an application for the addition of a bridleway from Bannister Lane to Moss Lane adjacent to Flensburg Way, Farington. The committee agreed to make an order to add the bridleway to the Definitive Map and Statement of Public Rights of Way, but decided to return to the matter at a later date to decide on the stance in regard to confirmation.

The investigating officer's report noted that the route was created as a private carriage road as part of the inclosure of Farington Moss in the 1820s, but that it was listed as a public road in the Tithe Award of 1839. The report also noted that the Finance Act records showed the route excluded, which was often good evidence of public vehicular rights.

Addition of Footpath at Chorley Road, Withnell

The committee approved the making of a Definitive Map Modification Order to add a footpath at Chorley Road, Withnell, adjacent to The White House Park School. The decision was made to correct a drafting error on the Revised Definitive Map, as the route had been consistently shown on earlier maps and in the Definitive Statement. The committee agreed to promote the order to confirmation.

The investigating officer's report noted that there was no legal order stopping up or diverting the footpath, and that the Revised Definitive Statement still referred to it starting on Chorley Road, supporting the view that there was a drafting error.

Diversion of Footpath at Wood End, Silverdale

The committee approved the making of an order to divert part of Footpath FP0130009 at Wood End, Silverdale. The decision was made following a request from the owners of Wood End, who sought to divert the footpath from the curtilage of their property and that of their neighbour, Bracken. The proposed alternative route would follow a trodden path to the north-east of the properties. The committee agreed that in the event of no objections being received, the order be confirmed, and in the event of objections being received and not withdrawn, the order be sent to the Secretary of State for the Environment, Food and Rural Affairs, with the authority taking a neutral stance with respect to its confirmation.

The investigating officer's report noted that the proposed diversion was considered expedient in the interests of the owners of the land for reasons of privacy and security, and that it would not be substantially less convenient to the public.

Application to Register Land as Town or Village Green

The committee approved the establishment of a sub-committee to act as the determining authority in respect of an application to register land known as 'The Hellicliffes' as a town or village green. The committee also agreed to appoint an independent inspector to advise and issue directions, and to preside over a non-statutory public inquiry.

Councillor Ged Mirfin addressed the committee, highlighting the strong public support for the application and the importance of the land to the local community.

The investigating officer's report noted that the application was contested by the landowner, and that the appointment of an independent inspector would enable the complexities of the law on town green registration to be effectively applied, reducing the risk of challenge.

Other Matters

The committee also:

  • Noted the appointment of Councillor Ian Duxbury and Councillor Graeme Austin as chair and deputy chair of the committee, respectively.
  • Approved the minutes of the previous meeting held on 26 March 2025.
  • Took into account the current guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way, and the law and actions taken by the authority in respect of certain orders to be made under the Highways Act 1980.
  • Noted a progress report on previous committee items.

Attendees

Topics

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Meeting Documents

Agenda

Agenda frontsheet 18th-Jun-2025 10.30 Regulatory Committee.pdf

Reports Pack

Public reports pack 18th-Jun-2025 10.30 Regulatory Committee.pdf

Minutes

Printed minutes 18th-Jun-2025 10.30 Regulatory Committee.pdf

Additional Documents

Report.pdf
Report.pdf
Appendix A.pdf
Appendix A.pdf
Appendix B.pdf
Appendix C.pdf
Report.pdf
Appendix B.pdf
Appendix A.pdf
Report.pdf
Guidance report.pdf
Guidance ANNEX A.pdf
Guidance ANNEX B.pdf
Guidance ANNEX C.pdf
Report.pdf
Appendix A.pdf
Appendix B.pdf
Report.pdf
Appendix A.pdf
Appendix B.pdf
Report.pdf
Minutes of Previous Meeting.pdf