Report to: Central Sefton Area Committee Date of Meeting: 12 March 2014

Subject: Wildlife and Countryside Act 1981, section 53, Continuous Review of the Public Rights of Way Definitive Map & Statement

Report of: Director of Built Environment Wards Affected: , & Ravenmoels

Is this a Key Decision? No Is it included in the Forward Plan? No

Exempt/Confidential No

Purpose/Summary

To seek authority to modify the definitive map and statement of public rights of way to show the effect of confirmed public path orders, dedication agreements and anomaly corrections.

Recommendation(s)

It is recommended that the Head of Corporate Legal Services:

(i) be authorised to make a Definitive Map Modification Order under Section 53 Wildlife and Countryside Act 1981 to amend the Statement description of Footpath No.24 (ii) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the Public Path ( Footpath No.19) Diversion Order 2004 to Formby Footpath No.19 shown as the line A-D on drawing no.DC1143 on the Definitive Rights Of Way Map and Statement (iii) be authorised to a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effects of the Public Path Extinguishment Orders namely, Highways Act 1959 West District Council The West Lancashire Rural District Council (Melling and Link) Public Path Extinguishment Order 1970 and Public Path (Melling Footpath No.2) Extinguishment Order 2008 to Melling Footpath No.2 shown as the line A-C on drawing no. DC1144 on the Definitive Rights Of Way Map and Statement (iv) be authorised to make a Definitive Map Modification Order under Section 53 Wildlife and Countryside Act 1981 to amend the Statement description of Formby Bridleway No.2 (v) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of a and (County and Metropolitan Borough Boundaries) Order to Sefton Footpath No.N7 on the Definitive Map and Statement (vi) be authorised to make a Definitive Map Modification Order under Section 53 Wildlife and Countryside Act 1981 to include PROW No.6 as

shown as the line A-D on drawing no.DC1147 the Definitive Rights Of Way Map and Statement (vii) be authorised to alter the designation of Liverpool PROW No.6 to Footpath No.5 on the Definitive Rights Of Way Map and Statement (viii) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the Local Government Act 1972, Metropolitan County of Merseyside (Electoral Divisions and Wards) Order 1973 and Formation of New County of Merseyside Order 1974 to Crosby Footpath No.2 shown as the line A-B on drawing no DC1148 on the Definitive Rights of Way and Statement (ix) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the Local Government Act 1972, Metropolitan County of Merseyside (Electoral Divisions and Wards) Order 1973 and Formation of New County of Merseyside Order 1974 to Footpath No.1 shown as the line A-B on drawing no DC1151on the Definitive Rights of Way and Statement (x) be authorised to make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the section 116 Highways Act 1980 - Stopping Up of Public Highways Order (C-D on drawing number DC0019/1) to Formby Byway No.42 shown as the line A-X on drawing number DC1153 and on the Definitive Rights Of Way Map and Statement (xi) Make a Definitive Map Legal Event Modification Order under Section 53 Wildlife and Countryside Act 1981 to show the effect of the section 116 Highways Act 1980 - Stopping Up of Public Highways Order (A-B on drawing number DC0019/2) to Formby Byway No.41 shown as the line A- X on drawing number DC1152 and on the Definitive Rights Of Way Map and Statement

How does the decision contribute to the Council’s Corporate Objectives?

Corporate Objective Positive Neutral Negative Impact Impact Impact 1 Creating a Learning Community √ 2 Jobs and Prosperity √ 3 Environmental Sustainability √ 4 Health and Well-Being √ 5 Children and Young People √

6 Creating Safe Communities √ 7 Creating Inclusive Communities √ Improving the Quality of Council 8 Services and Strengthening Local √ Democracy

Reasons for the Recommendation:

Pursuant to section 53 of the Wildlife and Countryside Act 1981, the Surveying Authority has a duty to amend the Definitive Map and Statement of Public Rights of Way following a legal event that has altered a Right of Way.

Sefton Council fulfils the role of Surveying Authority and as a result, the series of legal changes listed in the report to the Rights of Way network, must make a Legal Event Modification Order to amend the Definitive Map and Statement of Public Rights of Way accordingly.

The Surveying Authority also has a duty to continually review the Definitive Map and Statement of Public Rights of Way and should it become aware of the need to add, alter or remove a Right of Way, make the required Modification Order.

Within the Council’s current constitution consideration of rights of way issues fall under the remit of the Area Committees.

What will it cost and how will it be financed?

(A) Revenue Costs

The Order must be publicised and a period of public consultation is required. The costs of publicising the Order will be dependant upon its size. The cost of this will be met from the existing Rights of Way revenue budget allocation.

Should there be an objection to the Order received the Authority will have to refer it to the Secretary of State. The Secretary of State has a choice of how they preside over the matter, which are; by written representations, an informal hearing or by way of a Public Inquiry. The costs associated with any of these will again have to be met from the existing Public Rights of Way revenue budget.

The Authority has not been involved in a Rights of Way Public Inquiry for several years and as a result, it is difficult to quantify the associated costs. However, a benchmarking exercise was undertaken with other Authorities to establish what the expected costs could be. Of those Authorities approached only Norfolk County Council was able to provide clear details and the majority of the Authorities asked, used internal resources or did not have financial records associated with the Inquiries.

Norfolk County Council has produced a rough guide for their Members. This guide indicates that the staffing time for an Inquiry, based on a two day case equates to a minimum of 100 hours, a minimum cost of £5000 for hire of a Barrister plus the costs for hiring the venue and providing refreshments. The length of time for an Inquiry usually ranges between 2 and 5 days.

There is also the scenario where applications can be made to the Inspector for an award of costs. This would mean that one party could be instructed to cover the costs of the other, but only if it is considered that they have acted unreasonably.

(B) Capital Costs None

Implications:

The following implications of this proposal have been considered and where there are specific implications, these are set out below:

Legal The legal implications are set out in the report

Human Resources None

Equality 1. No Equality Implication √

2. Equality Implications identified and mitigated

3. Equality Implication identified and risk remains

Impact on Service Delivery:

There will be no impact upon service delivery. The physical changes to the Rights of Way network have already occurred, this process is to ensure that the legal Highway records are kept up to date and in the prescribed order.

What consultations have taken place on the proposals and when?

The Head of Corporate Finance & ICT Strategy (FD2785) has been consulted and would advise Members to note the points raised above, in the revenue costs section of the report. Any costs associated with this decision would need to be met from the Rights of Way budget within the Department, and if the matter reaches the need for a Public Inquiry, the additional costs involved would pressurise this budget. The situation will be monitored carefully.

Head of Corporate Legal Services (LD2091) has been consulted and any comments have been incorporated into the report.

Are there any other options available for consideration?

There are no other options available, this is a statutory function that must be undertaken as soon as is practicably possible.

Implementation Date for the Decision

Immediately following the Committee/Council/Working Group meeting.

Contact Officer: Brian Goodwin, Senior Assistant Engineer Tel: 0151 934 4239 Email: [email protected]

Background Papers:

Local Government, and Wales Changes in Local Government Areas – Statutory Instrument. The Cheshire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993.

Report to Formby Area Committee 10 April 2003 - Formby Footpath no.19 – Proposed Diversion.

West Lancashire Rural District (Melling and Kirkby Link) Public Path Extinguishment Order 1970.

Report to Formby Area Committee 24 May 2007 – Proposed Extinguishment of Part of the width of Formby Byway No 43 also known as Sixpenny Lane, Formby and Byway No 41 also known as Rough Lane, Formby.

1.0 Introduction

1.1 The Wildlife and Countryside Act 1981 imposes the duties upon the Surveying Authority to keep the Definitive Map and Statement of Public Rights of Way (herein after called the DM) under continuous review and to, as soon as practicable after the occurrence of a Legal Event Order (diversion, extinguishment, creation etc.), make such modifications to the map and statement as appear to them requisite.

1.2 Following completion of the Legal Event Order a second Order is then required to enable the Surveying Authority to make the modifications to the DM.

1.3 ’s DM is divided into three areas separate areas, , and Central. The last update of any of these areas was carried out in September 1994 and since then, a number of legal event Orders have been processed. The second order, that enables the DM to be modified, has not been made for many of the legal event Orders and consequently the DM has yet to be altered as required.

1.4 Further provisions within Section 53 of The Wildlife and Countryside Act 1981enables the Surveying Authority to make the requisite Modification Order to amend an error or anomaly with the information recorded on the DM.

2.0 Information

2.1 To date, for the Central Sefton area, there are a total of four legal event Orders that have been processed and confirmed and four DM anomalies that have been identified where Committee authorisation to make the DM Modification Order has not been granted paths.

2.2 The list of legal events and anomalies, which require the DM to be modified is:

i. Lydiate Footpath No.24 – Correction of DM, path description anomaly ii. Formby Footpath No.19 – Update to path alignment following a Diversion Order iii. Melling Footpath No.2 – Deletion of path from DM following Extinguishment Orders iv. Formby Bridleway No.2 – Correction of DM, path description anomaly v. Sefton Footpath No.N7 – Remove path from DM following borough boundary change vi. Liverpool PROW No.6 – Add path to DM, path incorrectly recorded on Liverpool City Councils DM vii. Liverpool PROW No.6 – Rename path, name of path is not consistent with Sefton Councils public path designation practices viii. Crosby Footpath No.2 & Ince Blundell No.1 – Correction of DM, path description anomaly

ix. Formby Byway No.41 & 42 – Remove sections of paths from DM following a Stopping Up Order.

2.3 Lydiate Footpath No.24. This footpath is described in the DM as a footpath leading from the Aughton Boundary to Pygons Hill Lane and that has a length of 0.07miles(113m). The DM shows the path between Pygons Hill Lane and Brook, which is shown on the map to be the Borough boundary. However, the actual borough boundary does not follow the alignment of the brook at this location and therefore, the information on the DM is inaccurate. This anomaly has resulted in the footpath being shown shorter than it actually is. This anomaly is a simple drafting error when the previous map was produced.

2.4 See attached extracts from the DM showing the current recorded alignment of the path and the written description.

2.5 To correct this anomaly a Modification Order is required. The Modification Order we will need to show the correct alignment of the borough boundary and the full extent of the footpath.

2.6 The proposed Modification Order will alter the map of the DM as shown on Plan No.DC1142 (attached) and the statement of the DM to:

Commencing at the Borough Boundary point A, O.S Grid Reference SD 337700,405215, the way is a 1 metre wide cross field path, heading in a south-westerly direction for 27 metres to point B a bridged culvert crossing Sudell Brook, O.S Grid Reference SD 337674,405201, then heads in a south-south-westerly direction across the 6.4 metre wide bridge for 5 metres to point C, O.S Grid Reference SD 337671,405196, the way continues in a south-south-westerly direction as an unsurfaced farm track for 55 metres with a varying width from 4.5 metres to 5.8 metres to point D, O.S Grid Reference SD 337645,405149 then continuing in a south-south-westerly direction for 40 metres to its junction with Pygons Hill Lane, point E, O.S Grid Reference SD 337624,405117.

The length of the way is 127 metres in total.

2.7 Formby Footpath No.19. The route of the footpath was diverted to follow an alternative alignment subsequent to a Public Path Diversion Order in 2004. The re-alignment is detailed on the attached plan no. TSD/DC/ROW/161/19/02.

2.8 In order to update the DM to replicate this diversion a Definitive Map Legal Event Modification Order is required.

2.9 The proposed Modification Order will alter the map of the DM as shown on Plan No.DC1143 (attached) and the statement of the DM to:

Commencing on Moss Side, point A, O.S Grid Reference SD 300747,407889 between bungalows numbered 22 and 24, the way has

a varying width from 3.0 metres to 2.5 metres, with a bitmac surface running in a southerly direction for a distance of 35 metres to point B, O.S Grid Reference SD 300749,407855, it then heads in a south-south- easterly direction for a distance of 42 metres as a 1.8 metre wide bitmac path to point C, O.S Grid Reference SD 330772,407821 and then it heads in a southerly direction, as a 1.8 metre wide stone path along the boundary of the playing fields for a distance of 275 metres until its junction with Mittens Lane at point D, O.S Grid Reference SD 330779,407545.

The length of the way is 352 metres in total.

2.10 Melling Footpath No.2. This footpath used to run from Lane to the borough boundary with Kirkby Urban District Council along what is now Station Road.

2.11 In 1970 an Extinguishment Order, namely Highways Act 1959 West Lancashire District Council The West Lancashire Rural District Council (Melling and Kirkby Link) Public Path Extinguishment Order 1970, was made, the effect of this Order was to extinguish the short section of the footpath that ran along the eastern edge of no. 48 Station Road.

2.12 In 2008 a second Extinguishment Order, Public Path (Melling Footpath No.2) Extinguishment Order 2008 was made, this time to extinguish the length of the footpath from Waddicar Lane to the boundary of no.48 Station Road.

2.13 Following both Extinguishment Orders there must be a Definitive Map Legal Event Modification Order to update the DM. Committee approval to make the Order to modify the DM in respect of the 2008 Extinguishment Order was granted in September 2001 by the Sefton East Parishes Area Committee however, to date the Order has yet to be made.

2.14 In respect of the 1970 Order no such authority for a Definitive Map Legal Event Modification Order has been granted.

2.15 The proposed Modification Orders will fully remove the footpath from the DM as shown on Plan No.DC1144.

2.16 Formby Bridleway No.2. This footpath runs as a continuation of Montagu Road along the side of the railway line to its junction with Fishermans Path at the level crossing.

2.17 The path is shown on the map of the DM as commencing adjacent to the boundary of nos. 11 & 12 Montagu Road and the statement in the DM describes it as starting at Sunnyside Farm. Sunnyside Farm no longer exists so it is necessary to update the statement details in the DM.

2.18 When reviewing historical Ordnance Survey maps, to clarify where Sunnyside Farm was, it is clear that there is an anomaly between the information recorded on the map of the DM with those in the statement. Sunnyside Farm was located further north than the detailed starting point of the path shown on the map of the DM and therefore, the two points do not correspond.

2.19 As it is already necessary to update the statement of the DM, because Sunnyside Farm no longer exists it is also the appropriate time to ensure that the map and statement of the DM correspond and that the path is recorded correctly.

2.20 To correctly record the path on the DM a full review of its details was necessary. It is not safe to just assume that the statement of the DM was incorrect and that the description can be rewritten. To this end, a full site survey of the path was undertaken as well as a desk top study of the historical maps.

2.21 From this review, it was clear that the commencement point of the path was correctly shown on the map of the DM and that it is the statement that needs to be amended. The length of the path as currently recorded in the statement has also been shown to be inaccurate and this will also need to be modified.

2.22 In order to update the DM a Modification Order will be required. The proposed Modification Order will alter the map of the DM as shown on Plan No.DC1145 (attached) and the statement of the DM to:

Commencing on Montagu Road, point A, O.S Grid Reference SD 329120,408647 adjacent to the southern boundary of no.12 Montagu Road, the way is a tarmac path running in a northerly direction for a distance of 147 metres with a variable width of between 3.8 metres and 7 metres to the field gate at point B, O.S Grid Reference SD 329136,408788, it then continues in a northerly direction through the gate for a distance of 20 metres as a stone path with a width narrowing from 9 metres to 4 metres to point C, O.S Grid Reference SD 329133,408808 and then it heads in a northerly direction, as a 4 metre wide stone path along the boundary of the railway line for a distance of 371 metres until its junction with Formby Footpaths Nos. 1 & 3 adjacent to the railway level crossing, at point D, O.S Grid Reference SD 329218,409167.

The length of the way is 538 metres in total.

2.23 Sefton Footpath No.N7. The footpath runs from Ascroft Road to Oxford Road in Aintree to the rear of properties 301-315 Warbreck Moor. The statement of the DM describes the path as Ascroft Road to Liverpool C.B. Boundary.

2.24 At the time the DM was last updated, 14 March 1994, the path was located within Sefton. From the 1 April 1994 the borough boundary altered and the path was no longer located within the Borough of Sefton. This alteration was by virtue of The Cheshire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993.

2.25 The effect of this Order does not alter the status of the footpath it has just resulted in it being located within the City of Liverpool and as such should be recorded upon their DM, rather than Seftons.

2.26 In order to update the DM for Sefton, to replicate the boundary change, a Definitive Map Legal Event Modification Order is required. The effect of this Order will be to remove the path completely from the DM as shown on Plan No.DC1146.

2.27 Full consultation with Liverpool City Council will be necessary to ensure that they make the requisite Definitive Map Legal Event Modification Order to record the footpath on their DM.

2.28 Liverpool PROW No.6. In 2003 Liverpool City Council made a Definitive Map Modification Order to record all Rights of Way within the City boundaries. This included Liverpool PROW No.6, which runs from Montgomery Road to Caldy Road in Walton.

2.29 This path largely runs along the boundary of Liverpool City Council and Sefton Council and in fact lies just outside the Liverpool City Boundary. It is located within Sefton and consequently, it should be recorded on Sefton’s DM rather than Liverpool’s.

2.30 To record the footpath on Sefton Councils DM a Modification Order is required. The effect of this Order will be to add the path to the DM. Liverpool City Council will also have to make a Modification Order to alter their DM for the removal of the path.

2.31 The path description currently recorded on Liverpool City Council’s DM will require updating to comply with current regulations to include grid references and path widths.

2.32 The proposed Modification Order will alter the map of the DM as shown on Plan No.DC1147 (attached) and the statement of the DM to:

Commencing at the eastern boundary of the property numbered 70 Montgomery Road, point A, O.S Grid Reference SJ 336360,397199 the way is a tarmac path over the disused railway bridge running in an easterly direction for a distance of 50 metres with a width of 8 metres to point B, O.S Grid Reference SJ 336410,397202, it then continues in a north-easterly as a tarmac path for a distance of 144 metres with a width of 2.5 metres to point C, O.S Grid Reference SJ 336471,397330 and then it heads in a south-easterly direction as a 2.8 metre wide tarmac path over the disused railway bridge for a distance of 27 metres until the Borough Boundary, at point D, O.S Grid Reference SJ 336499,397321.

The length of the way is 221 metres in total.

2.33 The designation given to paths recorded on Sefton Councils DM relates to the parish in which it is found. In order to ensure Liverpool PROW No.6 is suitably incorporated into Sefton Councils DM it is proposed to alter its name. It is proposed that the path should be called Aintree Footpath No.5. This is an administrative process and as such, a Modification Order is not required to achieve this.

2.34 Crosby Footpath No.2 & Ince Blundell Footpath No.1. These footpaths are recorded as two paths that provide a link from the end of Lower Alt Road in Hightown around the south and east boundaries of Altcar Training Camp to the footbridge over the . They were recorded as two separate paths on the DM because they cross the Municipal Borough of Crosby boundary and were initially recorded by two different Authorities.

2.35 Crosby Footpath No.2 is described in the statement of the DM as “From Lower Alt Road, Hightown, northwards to Borough Boundary”. This description was first written in the 1950’s and the reference to the borough boundary is that for the Municipal Borough of Crosby.

2.36 Ince Blundell Footpath No.1 is described in the statement of the DM as “Altcar Boundary along railway – Hightown Boundary”, again this description was first written in the 1950’s and the boundaries are the Hightown Boundary with the Municipal Borough of Crosby.

2.37 Since these descriptions were first written the Municipal Borough of Crosby has ceased to exist, the parish boundary of Ince Blundell has altered and the Parish of Hightown has been created. These changes were pursuant to the Local Government Act 1972, Metropolitan County of Merseyside (Electoral Divisions and Wards) Order 1973 and Formation of New County of Merseyside 1974.

2.38 In 1994 the DM was updated, the locations of the paths on the map of the DM was altered to account for the changes in the parishes and the boundaries but the written descriptions for both paths remained unchanged. This has resulted in there being an anomaly between the map and statement in respect to the paths lengths. See attached plan no.CR2IB1 showing the footpath layouts as described in the statement of the DM and a copy of the current map of the DM. This clearly identifies the anomaly.

2.39 As a result of the boundary changes and the anomaly between the map and statement of the DM, Legal Event Modification Orders are required to update the descriptions and to reconcile the DM.

2.40 The proposed Legal Event Modification Order for Crosby Footpath No.2 will alter the map of the DM as shown on Plan No.DC1148 (attached) and the statement of the DM to:

Commencing at the end of Lower Alt Road, point A, O.S Grid Reference SD 329626,403710, the way has a bitmac surface with a width of 6 metres and heads in a north-westerly direction for a distance of 26 metres to point B, Grid Reference SD 329618,403733, it then runs in a north-easterly direction for a distance of 44 metres as a 6 metre wide bitmac path to point C, Grid Reference SD 329634,403770. It then continues in a north-easterly direction as a bitmac path with varying widths between 6 metres and 3.5 metres for 11 metres to point D, Grid Reference SD 329638,403783 and then with a width of 3.5 metres for 170 metres until its junction Ince Blundell Footpath No.1 at point E Grid Reference SD 329682,403946.

2.41 The length of the way is 251 metres in total.

2.42 The proposed Legal Event Modification Order for Ince Blundell No.1 will alter the map of the DM as shown on Plan No.DC1151 (attached) and the statement of the DM to:

Commencing at its junction with Crosby Footpath No.2, point A, O.S Grid Reference SD 329682,403946 between the rear boundaries of Mark Road and Altcar Training Camp, the way has a varying width of between 1.5 metres and 2 metres, with a natural surface running in an easterly direction for a distance of 248 metres to point B, O.S Grid Reference SD 329919,404014, it then continues in a easterly direction past the training camp entrance with a width of 2.5 metres and a bitmac surface for a distance of 8 metres to point C, O.S Grid Reference SD 329930,404018 and then it heads in a north-easterly direction, as a 2.5 metre wide bitmac path along the boundary of the camp for a distance of 20 metres to point D, O.S Grid Reference SD 329934,404038. The path then continues in a northerly direction as a part bitmac path/part grassed verge with a varying width between 2.9 metres and 3.7 metres for 1092 metres to the footbridge at point E, O.S Grid Reference SD 329621,405043, then continuing in a north-westerly direction as a part bitmac path part grassed verge with a varying width between 2.8 metres and 5.9 metres for 1092 metres to the River Alt footbridge at point F, O.S Grid Reference SD 329447,405578, the path continues across the 2.8 metre wide bridge to the paths junction with Altcar Footpath No. 6 at the Ince Blundell Parish Boundary at point G, O.S Grid Reference SD 329444,405586.

2.43 The length of the way is 1906 metres in total.

2.44 Formby Byway No.41 & 42. These byways run around the perimeter of Burrough’s Wood off Broad Lane in Formby. Byway No.41 has a recorded width of an average of 7.9 metres and Byway No.42 is recorded as a width of no less than 4.5 metres in the DM.

2.45 In 2007 the landowner made a request to reduce the widths so he could provide a secure fence to the woods. Subsequent Stopping Up Orders, to Formby Byway Nos 41 & 42 as shown as the line A-B on drawing number DC0019/2 and C-D on drawing number DC0019/1 pursuant to section 116 of the Highways Act 1980, were made by the Magistrates court that reduced the widths of sections of both byways by 2 metres respectively.

2.46 In order to update the DM to replicate these part extinguishments Definitive Map Legal Event Modification Orders are required.

2.47 The proposed Modification Order for Formby Byway No.41 will alter the map of the DM as shown on Plan No.DC1152 (attached) and the statement of the DM to:

Rough Lane, a natural surfaced track commencing at the borough boundary, point A, O.S Grid Reference SD 332513,410061, heads in a westerly direction between an open drainage ditch and boundary fence with a varying width between 5.5 metres and 7.6 metres for 500 metres to point B, O.S Grid Reference SD 332015,410114, then continuing in a westerly direction between drainage ditches with a varying width of between 6.6 metes and 8.5 metres to point C, O.S Reference SD 331930,410118.

2.48 The length of the way is 584 metres in total.

2.49 The proposed Modification Order for Formby Byway No.42 will alter the map of the DM as shown on Plan No.DC1153 (attached) and the statement of the DM to:

Sixpenny Lane, a stone surfaced track commencing at its junction with Rough Lane, point A, O.S Grid Reference SX 331929,410117, heads in a south-south-easterly direction between an open drainage ditches with a varying width between 5.2 metres and 9.3 metres for 123 metres to point B, O.S Grid Reference SJ 331963,409999, then continues in a south-south-easterly direction as a stone track with a varying width between 3.6 metres and 9.3 metres for 27 metres to point C, O.S Grid Reference SJ 331984,409983, then continuing as a natural surface track in a south-easterly direction between an open drainage ditch and boundary fence next to Burrough’s Wood with a varying width of between 3.7 metres and 5 metres to a footbridge at point D, O.S Reference SJ 332156,409948, the way then continues in a south- south-easterly direction between an open drainage ditch and boundary fence with a varying width of between 3 metres and 6.7 metres to its junction with North Moss Lane at point E, O.S Reference SJ 332347,409458.

2.50 The length of the way is 775 metres in total.

3.0 Conclusion

3.1 In line with The Wildlife and Countryside Act 1981,Definitive Map Modification Orders to record the above detailed changes to the rights of way network are required.

(i) Lydiate Footpath No.24

(ii) Formby Footpath No.19

(iii) Melling Footpath No.2

(iv) Formby Bridleway No.2

(v) Sefton Footpath No.N7

(vi & vii) Liverpool PROW No.24

(viii & ix) Crosby Footpath No.2 & Ince Blundell Footpath No.1

(x) Formby Byway No.42

(xi) Formby Byway No.41