[Electoral Division: Lyth Valley]
To consider a report from the Executive Director – Economy and Infrastructure
A report was considered from the Executive Director – Economy and Infrastructure regarding the Wildlife and Countryside Act 1981 - Section 53 Application to Add a Public Right of Way in the Parish Of Helsington: District of South Lakeland. The report advised that an application had been received to add a section of public footpath at Helsington Underpass (A591) in the parish of Helsington. The purpose of the report was to present Members with the evidence regarding the route, and for a decision to be made whether to proceed with the next stage of the process by making a legal order.
The Countryside Access Officer made his presentation using plans and photographs to explain the route involved in the application.
A member referred to a photograph of the tunnel shown during the presentation and stated that it looked like part of ground was raised which looked like it was designed to be a footpath.
It was moved by Mr Morgan and seconded by Mr Betton that the recommendation as set out in the report be agreed.
The Chair moved to the vote which was cast as follows: 17 members in favour of the motion, 0 against and 0 abstentions.
RESOLVED that, Members authorise the Chief Legal Officer to make an order under section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, the effect of which, if confirmed, would be to add a section of public footpath as shown A-B-C-D-E on the map annexed at Appendix A to the County Council’s Definitive Map and Statement of Public Rights of Way.
If there are no objections to the made order Members authorise the Chief Legal Officer to confirm the order.
If there are objections to the made order, Members authorise the submission of the order to the Secretary of State for the Environment, Food and Rural Affairs for consideration as to whether or not the order should be confirmed.