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“What new regulations will be debated on January 28th?”

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Summary

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The Regulatory Committee of Lancashire County Council met on Wednesday, 28 January 2026, to discuss and decide on several matters relating to public rights of way. The committee approved the addition of a restricted byway, the diversion of a footpath, and the diversion of a bridleway. They also rejected an application to upgrade a footpath to a bridleway.

Addition of a Restricted Byway from Wennington Road to Old Moor Road, Wennington

The committee approved the application to record a public bridleway from Wennington Road to Old Moor Road, Wennington, but with a modification to recognise carriageway rights. This means the route will be recorded as a restricted byway1, allowing for use by non-mechanically propelled vehicles, horses, and on foot. The decision was based on extensive map and documentary evidence suggesting the route has existed as a substantial public vehicular route since at least the mid-18th century. Despite a decline in its use in recent decades, historical evidence indicates that public rights, which would have been extinguished for mechanically propelled vehicles by the Natural Environment and Rural Communities Act 20062, likely subsist.

Diversion of Footpath FP0205027 at Bramblewood, Barnacre

The committee approved the proposed diversion of part of Footpath FP0205027 at Bramblewood, Barnacre-with-Bonds, Wyre. The diversion is considered expedient in the interests of the landowners of Bramblewood for privacy and security reasons, as the current footpath passes close to the house and divides the garden. The proposed alternative route, which will run within a pasture and along the access track to Bramblewood, is considered substantially as convenient for public use and will not adversely affect the enjoyment of the footpath as a whole. The applicants will bear all administrative and advertising costs associated with the order, as well as any compensation claims and works to bring the new section into fit condition.

Diversion of Bridleway BW0124027 at Kirk House Farm, Over Kellet

The committee approved the diversion of part of Bridleway BW0124027 at Kirk House Farm, Over Kellet, Lancaster. This diversion is deemed expedient in the interests of the landowners of Kirk House Farm, a former farmstead, to enhance privacy and security by moving the bridleway away from the immediate vicinity of the dwelling. The proposed alternative route, which involves upgrading a section of footpath to bridleway and rerouting around the farm buildings, is considered substantially as convenient for public use and will not negatively impact public enjoyment of the bridleway. The applicants will cover all associated costs, including administrative charges and works to prepare the new route.

Rejection of Application to Upgrade Hall Lane, Longton to Bridleway

The committee rejected an application to upgrade part of Hall Lane, Longton, from a footpath to a bridleway. Despite historical map evidence suggesting the route existed as a substantial route capable of use by vehicles and on horseback, the committee found insufficient evidence to infer dedication of higher rights than public footpath status. Specifically, the evidence regarding the section through Marsh Farm was considered insufficient to establish public rights beyond that of a footpath, and the lack of clear evidence of public use on horseback or by cart, coupled with the presence of gates and private ownership of land along parts of the route, led to the decision to reject the application.

Annual Progress Report

The committee received an update on the progress of definitive map modification orders and public path orders. This report provided a summary of applications received, determined, orders made, submitted to the Planning Inspectorate, and confirmed in 2025. It also detailed the status of various public path order requests awaiting committee consideration or in progress.

Guidance for Members

The committee was reminded of the 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. This guidance, including updates from DEFRA3, was presented for their information and reference during the consideration of agenda items.


  1. A restricted byway is a highway over which the public have a right of way on foot, on horseback or leading a horse, and a right of way for vehicles other than mechanically propelled vehicles. 

  2. The Natural Environment and Rural Communities Act 2006 made changes to the legal status of certain public rights of way, particularly concerning mechanically propelled vehicles. 

  3. DEFRA stands for the Department for Environment, Food and Rural Affairs, a government department in the United Kingdom. 

Delegated decisions linked to this meeting

Decision summaries below are AI-generated from the council’s published record. Check the council source or the full decision page before relying on them.

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Meeting Documents

Agenda

Agenda frontsheet 28th-Jan-2026 10.30 Regulatory Committee.pdf

Reports Pack

Public reports pack 28th-Jan-2026 10.30 Regulatory Committee.pdf

Additional Documents

Guidance report.pdf
Guidance ANNEX A.pdf
Guidance ANNEX B.pdf
Guidance ANNEX C.pdf
Report.pdf
Report.pdf
Appendix B.pdf
Report.pdf
Appendix A1.pdf
Appendix A2.pdf
Report.pdf
Appendix B.pdf
Appendix A.pdf
Appendix B.pdf
Report.pdf
Appendix B.pdf
Appendix A.pdf
Appendix A.pdf
Minutes of Previous Meeting.pdf