Agenda item

To consider an application for a modification to the Definitive Map and Statement to add a passage between Whittam Avenue and Ryburn Avenue.

The Committee considered an application that had been received by the Council under Section 53 (2) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement to add a passage between Whittam Avenue and Ryburn Avenue as a byway open to all traffic (BOAT).

Mr Holmes, Legal Officer, Blackpool Council, advised the Committee of the Council’s duty to maintain a Definitive Map and Statement of public paths and byways. He reported that the application related to an unadopted alleyway that had been subject to a Gating Order made by the Council in 2006.  The Committee was advised that the Council was prevented from modifying the Definitive Map and Statement due to Sections 66 and 67 of the Natural Environment and Rural Communities Act 2006, which prohibited the creation of new public rights of way for mechanically propelled vehicles after 2006 and extinguished (with certain exceptions) any then existing rights of way for mechanically propelled vehicles other than those shown in the definitive map.  Opinion previously sought from Counsel also supported this view.  Mr Holmes reported that, should the Council grant the application, it would be acting contrary to legislation and as such the Committee was asked to approve the recommendation not to modify the Definitive Map and Statement.

Mr Boileau, Applicant, spoke in support of the application.  He disputed the Legal Officer’s view of the restrictions imposed by Sections 66 and 67 of the Natural Environment and Rural Communities Act 2006.  He referred to the historic use of the alleyway and suggested that a right of way already existed and should be recorded as such in the Definitive Map and Statement. He made reference to the Gating Order regulations and confirmed that he had no objection to the alleygates remaining in place.

In response to the Applicant’s comments regarding the short notice he had received to make representations, the Chairman received confirmation that he was satisfied that the Committee continued to consider the application at this meeting. The Chairman also asked the Applicant what he hoped could be achieved in practical terms by the application and Mr Boileau confirmed that he was asking that the existing right of way be recorded in the Definitive Map and Statement. 

Mr Curtis, Legal Adviser to the Committee, provided clarification that the Committee was being asked to approve the recommendation not to modify the Definitive Map and Statement which would then be included in the representations made to the Secretary of State. He reported on the exceptions to the extinguishment of rights of way for mechanically propelled vehicles provided for in the Natural Environment and Rural Communities Act 2006 and his view that there was insufficient evidence to show that any of the exceptions applied.

During consideration of the application the Committee was satisfied on the evidence before it that legislation prevented the modification of the Definitive Map and Statement for the reasons set out in the report.

Resolved:  To approve the recommendation that no modification be made to the Definitive Map and Statement.

Background papers:  Application with supporting evidence.