To determine an application submitted under
Schedule 14 of the Wildlife and Countryside Act 1981 (the 1981
Act), requesting that a Modification Order be made for the upgrade
to Bridleway status of (part) Footpath 156 Saddleworth, at Quarry
Lane, Delph.
Minutes:
Consideration was given to a report which asked the Committee to determine an application submitted under Schedule 14 of the Wildlife and Countryside Act 1981, requesting that a Modification Order be made for the upgrade to Bridleway status of part of Footpath 156 Saddleworth, at Quarry Lane, Delph, which is shown marked A-B on the plan 764/A4/249/1 attached to the report.
The application for a Modification Order was submitted by the West Pennine Bridleways Association. The evidence in support of the application consisted of 20 user evidence forms and maps claiming more than 20 years use on horseback of the Application Route. The user evidence must be considered against the statutory provisions in section 31 of the Highways Act 1980 concerning dedication of a highway through 20 years’ usage as of right.
Options considered:
Option 1: To approve the application and upgrade the Application Route on the Definitive Map and Statement as a Bridleway.
Option 2: Not to approve the application.
RESOLVED that:
1. The application for a Modification Order in respect of the upgrade of the section of Footpath 156, Saddleworth at Quarry Lane, Delph, as detailed in Schedule 1 be approved and the Director of Environment be authorised to undertake the necessary procedures to make the Order and to confirm the Order in the event that no objections are made to it.
2. The Applicant and the owner/occupier of the land subject to the application be notified of the Council’s decision as required by Schedule 14 of the 1981 Act.