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“Why was the Higher Simpson Fold footpath deletion rejected?”

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Summary

The Regulatory Committee of Lancashire County Council met to discuss several matters relating to public rights of way, including definitive map modification orders and diversion of footpaths. The committee approved making orders for changes to public footpaths and bridleways at Higher Simpson Fold, Eyes Lane, Coronation Field, Written Stone Farm and The Weald. They also discussed a progress report on previous committee items and guidance for committee members.

  • Higher Simpson Fold, Higher Wheelton

    The committee considered four applications to modify the definitive map in the Higher Simpson Fold area, as well as an officer recommendation for a definitive map modification order.

    • Application A, to delete a footpath across the end of a garden and add a footpath along the edge of a field, was rejected because there was no evidence that the footpath had been legally diverted from its original route.
    • Application B, to delete part of a route across a garden and add a footpath along a narrow gully, was partially accepted. The deletion of the footpath was accepted because there was no evidence that the footpath originally ran along that line, but the addition of a footpath along the gully was not accepted because it was constructed after public footpath rights had already been dedicated.
    • Application C, to upgrade a section of footpath to bridleway, was rejected because there was no evidence that the public had a right to use that section on horseback.
    • Application D, to record the footpath width as the full width of the original access, was accepted. The committee also voted to make a definitive map modification order to add a footpath along a new line, A-C, and to modify the particulars for the footpath C-D to record the full width of the footpath rights between C-D, and to record a limitation of a gate at point X, as shown on the Draft Order Map. The committee voted to promote the order to confirmation, if necessary by submitting it to the Planning Inspectorate. Councillor Mark Clifford said that he had spent time looking at the application over the weekend, and that he was happy with all six recommendations.
  • Eyes Lane, Newburgh and Parbold

    The committee considered an application to record bridleway rights over Eyes Lane from Culvert Lane, Newburgh to Chorley Road in Parbold. The committee voted to accept the application in part, subject to recording footpath rights across the railway (A-X) and restricted byway rights (X-B) only, and to make a definitive map modification order under S53(2)(b) of the Wildlife and Countryside Act 1981 to add a footpath across the railway A-X and restricted byway X-B as set out in the Report. The committee voted to promote the order to confirmation, if necessary by submitting it to the Planning Inspectorate. The investigating officer, Jayne Elliott, explained that there was no user evidence submitted in support of the application, so it was necessary to consider whether the map and documentary evidence available was sufficient to support the dedication of a public right of way. She explained that the 1968 British Railways Act extinguished all public rights of access other than a pedestrian right of access over the level crossing which was known as Ferret Lane and that the committee were left with evidence that shows that there's a public footpath that exists across the crossing A to X, and then historical public vehicular rights that are evidenced by documentary evidence from the 1800s that exists between points X to B, but no further.

  • Arkmere Lane to Higher Lane

    The committee considered an application to add a public bridleway from Arkmere Lane to Higher Lane via Sands Bottom, Nether Wyresdale. The committee voted to accept the application with modification to recognise carriageway rights, and to make a definitive map modification order under S53(2)(b) of the Wildlife and Countryside Act 1981 to add a restricted byway as set out in the Report. The committee voted to promote the order to confirmation, if necessary by submitting it to the Planning Inspectorate. The investigating officer, Jayne Elliott, explained that it's rare to find one single piece of map or documentary evidence which is strong enough to conclude that public rights exist, and that this was very much one where they've needed to examine a body of evidence often spanning a substantial period of time from which public rights can be inferred. She noted that the application was for a public bridleway, and as such it wouldn't necessarily be expected that it would be shown on any of the small scale early commercial maps, however in this particular case they've got a route that was clearly shown on some of our very earliest maps, and they're the small scale Yates's map of 1786, Greenwood's map of 1818 and Hennett's map of 1830, and on those maps it was shown as a cross road.

  • Coronation Field, Lancaster City

    The committee considered a further decision on the confirmation of 'The Lancashire County Council Definitive Map and Statement of Public Rights of Way Public Footpaths at Coronation Field, Lancaster City (Definitive Map Modification) Order 2015'. The committee voted to agree that, following further investigations and consideration of the evidence, the Order Making Authority now confirm the Order, being satisfied that the test for confirmation can be met. The investigating officer explained that in 2012, applications were received to record a network of public footpaths across Coronation Field, and that in 2014, a decision was made to make an order, but not being satisfied that the higher test for confirmation could be met, to return the matter to the Regulatory Committee at a later date. She noted that the applicants for the Order now own the land crossed by the Order routes and there is no further objection to the confirmation of the Order, and that the user evidence submitted in 2012 has not been tested, but having reviewed it again it is considered that there was significant levels of evidence of use of each route claimed which, having allowed the order making process to run its course, the Order Making Authority now consider sufficient to say that on balance the routes exist as public footpaths and that the Order should be confirmed.

  • Written Stone Farm, Longridge

    The committee considered an application for the diversion of part of Footpath FP0302021 at Written Stone Farm, Longridge. The committee voted to approve that an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0302021 shown by a bold continuous line and marked A-B on the Committee plan, to a bold broken line marked C-D-B, and 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 and the Authority take a neutral stance with respect to its confirmation. The committee also approved that provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the effect of the Order. The investigating officer, Adrian Ibison, explained that the proposed diversion is considered expedient in the interests of the owners of the land for reasons of privacy and security, as Written Stone Farm is a former farmstead and the public footpath passes through the curtilage of the dwelling. Councillor Andrew Joynes raised concerns about the convenience for ramblers, and Councillor Mark Clifford said that he fully understood the sentiments that have been raised there about losing time, and that he usually calls these sort of little bypasses eminently sensible.

  • The Weald, Cottam

    The committee considered an application for the diversion of part of Footpath FP0608003 at The Weald, Cottam, Preston. The committee voted to approve that an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath FP0608003 shown by a bold continuous line and marked A-B on the Committee plan, to a bold broken line marked A-C-B, and 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 and the Authority take a neutral stance with respect to its confirmation. The committee also approved that provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the effect of the Order. The investigating officer, Adrian Ibison, explained that the proposed diversion is considered expedient in the interests of the owners of the land for reasons of privacy and security, as the recorded alignment of this section of the footpath is through the dwellings of nos. 5, 7, 27 and 29 The Weald and landscaping to the E and SW. Councillor Mark Clifford said that he got to use his favourite words again, eminently sensible, and that you'd be a brave person to actually argue to go against that recommendation.

  • Progress Report on Previous Committee Items

    The committee received a Progress Report on Previous Committee Items. The report provided an update of progress with definitive map modification orders and public path orders since the previous (June) Regulatory Committee. The Head of Service – Planning and Environment noted that since officers reported to January Regulator Committee, the following progress has been made with definitive map modification orders:

    File Ref. Known as Date Progress
    804-631 Little Hoole Footpath 8 Upgrade to Bridleway 21 August 2025 Notice of Making published
    804-654 Back Lane to Melling Moor, Melling with Wrayton 24 July 2025 Notice of Making published
    804-743 Sandsbottom Lane, Nether Wyresdale 4 July 2025 Consultations sent
    804-785 Addition of Footpath Todmorden Road, Bacup 14 August 2025 new application received
    804-784 Central Drive Lytham St Annes 1 July 2025 new application received
    804-768 Deletion of Part of FP1304124 North of Keighley Road, Colne 8 July 2025 Notice of Committee Decision served
    804-625 Haunders Lane, Much Hoole 5 June 2025 PINS confirmed, confirmation notices served, closed
    804-594 Old Clay Lane, Longridge 4 August 2025 Order confirmed
    804-771 Church Street to Water Street 18 June 2025 Order Confirmed
    804-706 Wood Lane, Hoscar 24 June 2025 Objection received
  • Guidance for the members of the Regulatory Committee

    The committee were presented with Guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way and certain Orders to be made under the Highways Act 1980 for the information of the Committee. The Guidance Annex A provided guidance on the law relating to the continuous review of the Definitive Map and Statement of Public Rights of Way. Guidance Annex B provided guidance on the law relating to certain Orders to be made under the Highways Act 1980, and Guidance Annex C provided guidance on the actions to be taken following submission of a Public Path Order to the Secretary of State.

  • Urgent Business and Date of Next Meeting

    There was no urgent business to consider. The next meeting will be held at 10.30am on Wednesday 12 November 2025 in Committee Room 'B' - the Diamond Jubilee Room at County Hall, Preston.

Attendees

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 17th-Sep-2025 10.30 Regulatory Committee.pdf

Reports Pack

Public reports pack 17th-Sep-2025 10.30 Regulatory Committee.pdf

Additional Documents

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