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Regulatory Committee - Wednesday, 9th September, 2026 10.00 am
September 9, 2026 at 10:00 am Regulatory Committee View on council websiteSummary
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The Regulatory Committee of Lancashire County Council met on Wednesday 09 September 2026 to discuss several matters relating to public rights of way. Key decisions included the addition of a restricted byway along Sandy Lane in Maudsley, the correction of a footpath alignment off Breck Road in Poulton-le-Fylde, and the modification of an order to record Salterforth Lane as a byway open to all traffic. The committee also rejected an application to upgrade a footpath on Worsthorne Moor to a bridleway and decided to take a neutral stance on the confirmation of an order for a restricted byway over Vicarage Fold in Wiswell.
Addition of a Restricted Byway along Sandy Lane, Maudsley
The committee accepted an application in part to add a restricted byway along Sandy Lane, Maudsley, from point A to D, as shown on the committee plan. This decision was based on sufficient historical evidence suggesting public vehicular rights existed along this section. However, the application to upgrade the footpath from Blackmoor Road to Sandy Lane (C-E) to a bridleway was rejected due to insufficient evidence for higher public rights. The order to record the restricted byway will be promoted for confirmation.
Correction of Footpath Alignment off Breck Road, Poulton-le-Fylde
The committee agreed to make a Definitive Map Modification Order to correct the alignment of Footpath 0202019 off Breck Road, Poulton-le-Fylde. This involves deleting a section of the footpath between points A and B, which was found to have been erroneously recorded, and adding the correct alignment between points C-B and D-E. The order will be promoted for confirmation.
Modification of Order for Salterforth Lane to Byway Open to All Traffic
Following further investigations and consideration of evidence and objections, the committee instructed that an order for Salterforth Lane be submitted to the Planning Inspectorate for determination. Crucially, they requested that the order be modified to record the route as a byway open to all traffic (BOAT), rather than the originally proposed bridleway. This change reflects new evidence, including highway records listing the route as an unclassified county road, which supports the existence of public carriageway rights.
Rejection of Application for Bridleway on Worsthorne Moor
An application to upgrade a footpath on Worsthorne Moor, from Cant Clough Reservoir to the West Yorkshire boundary, to a bridleway was rejected. The committee concluded that the historical evidence was insufficient to reasonably allege bridleway rights, and therefore, no Definitive Map Modification Order would be made.
Neutral Stance on Confirmation of Restricted Byway over Vicarage Fold, Wiswell
The committee agreed that the Order Making Authority would take a neutral stance when submitting the Definitive Map Modification Order for Vicarage Fold, Wiswell, to the Planning Inspectorate. While sufficient evidence existed to make the order, the committee considered the available evidence insufficient to meet the higher test for confirmation, meaning it could not be proven on the balance of probabilities that highway rights subsist.
Addition of a Bridleway over Alder Lane, Out Rawcliffe
The committee accepted an application to record a public right of way over Alder Lane, Out Rawcliffe, but determined it should be classified as a restricted byway, not a bridleway. This decision was based on historical evidence suggesting public carriageway rights existed since the early 19th century, which, after considering the Natural Environment and Rural Communities Act 2006, would now be recorded as a restricted byway. The order to record this restricted byway will be promoted for confirmation.
Progress Report on Previous Committee Items
A progress report was presented, detailing updates on definitive map modification orders and public path orders since the previous committee meeting. The committee considered and noted the contents of this report.
Guidance for Members
The committee noted 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. Councillor Howarth raised a point about the necessity of publishing the 44-page document at every meeting, suggesting it could be retained by members. Councillor Shaw supported keeping it in the agenda papers for those who stand in for regular members, and Councillor Cotter noted the option to receive it by email. Lindsay Campy agreed to check the legal aspects of this.
Minutes of the Last Meeting
The minutes of the previous meeting held on 3 June 2026 were confirmed and signed.
Apologies and Declarations of Interest
No apologies were received. County Councillor David Shaw was welcomed as a replacement for Councillor Nigel Alderson. Councillor James Crawford was expected to be late due to traffic. No pecuniary or non-pecuniary interests were declared by members.
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