Agenda item

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 in respect of a route running between Dobcross New Road and Mow Halls Lane, Dobcross (the application route), which is shown on the attached location plan 764/A4/235/1.

The Council has received an Application in respect of the application route which is 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 is supported by User Evidence Forms, completed by 34 individuals who claim to have used the application route for periods ranging between 23 and 70 years until the bridge closure in 2015 without challenge, although some user evidence forms claim continued use until 2019. The application route is not recorded on the Definitive Map and Statement for the area and was not identified on either the draft or provisional maps prepared in the early 1950’s. The evidence in support of and against the Application must be considered and the Application determined in line with legal requirements as described in paragraph 1.3 of this report.

The Panel received a late submission from the Wednesday Walkers Club in favour of the application which identified that the route had been included in the Tame Valley Trail laid out by the former Greater Manchester County Council in the late 1970s.

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.

The Panel were advised that if they agreed that the use of the claimed route had been with permission of the Council (the officer view), use of the route would not meet the legal test for use ‘as of right’ and therefore the application should be refused.  Alternatively if the Panel considered that the establishment of the Tame Valley Trail through Council owned land which the public were invited to use for recreation purposes could be considered to constitute an acceptance by Oldham Council (as landowner) of the public’s right to use the claimed route for highway purposes, the application should be allowed.

Resolved: that

1.the Application submitted under Schedule 14 of the

Wildlife and Countryside Act 1981 (the 1981 Act), requesting that a Modification Order be made in respect of a route running between Dobcross New Road and Mow Halls Lane, Dobcross (the application route), which is shown on location plan 764/A4/235/1 be approved and a Modification Order be made as the Panel agrees that the establishment and use of the Tame Valley Trail for over 20 years constitutes the acceptance by Oldham Council of the public’s right to use the claimed route for highway purposes, thereby meeting the legal test of 20 years use of the claimed route ‘as of right’

2. Officers be authorised to carry out the necessary procedures with a view to confirming the Order in the event that no objections are made to the Order. 

The applicant for the application attended the meeting and addressed the Committee on the application.

Councillor Lancaster attended the meeting as Ward Councillor and spoke in favour of the application.