Issue - meetings

The Panel gave consideration to a report introduced by the PRoW Officer seeking approval toan Application submitted under Schedule 14 of the Wildlife and Countryside Act 1981, requesting that a Modification Order be made in respect of a route running across land at Brookdale Golf Club, Failsworth (the application route), which was shown on the attached location plan 764/A4/239/1.

The Application was received in respect of the application route which was claimed as a Footpath through use of the route by the public for more than 20 years.

Applications based on use by the public for more than 20 years must meet the legal tests for use ‘as of right’, which means use without secrecy, without force and without the permission of the landowner.

The Application was supported by User Evidence Forms, completed by 17 individuals who claimed to have used the application route for periods ranging between 5 and 79 years without challenge until the closure in 2018 of Ash footbridge, which severed the route’s connection to Footpath 50 Failsworth, although some user evidence forms claimed continued use until 2021.

The evidence in support of the application needed to be considered against the statutory provisions in section 31 of the Highways Act 1980 concerning dedication of a highway through 20 years’ usage.

Options considered:

Option 1: To approve the application and add the claimed route to the Definitive Map and Statement as a footpath.

Option 2: Not to approve the application.

RESOLVED that:

1.    the application for a Modification Order in respect of a route on land at Brookdale Golf Club, Failsworth to be recorded in the Definitive Map and Statement as a footpath as detailed in Schedule 1 of the report be approved

2.    The applicant be notified of the Council’s decision under Schedule 14 of the Wildlife and Countryside Act 1981.