Public footpath number 5 - Find a freedom of information request

Request

Beck Street, LN4 3NE

I would like to request all recorded information, in any form, relating to an unofficial arrangement between Lincolnshire County Council and any third parties which diverted public footpath number 5 from the route shown in OS maps 1905, 1956 and 1979 to an incorrect route across the land.

Decision

Lincolnshire County Council have been unable to locate any LCC correspondence relating to the diversion of the path to a beckside course on the neighbours’ land. There was an exchange about fencing the path for the sake of increasing privacy, (see Request re fencing 1995). Here no mention is made of moving any established course of the path to the beckside as part of that process. In particular, because any such relocation to the beckside course from a previously used diagonal course would have involved the relocation of the stile access point into the family’s field, and because no such mention is made, and because there is no contemporaneous evidence of  --- involvement, it appears unlikely that the then customarily walked line was being moved. The language of that request and contemporaneous file note is confined to fence provision and the width of the footpath to be left, none of the language suggests the movement or diversion of the footpath to a beckside course or alteration of the position of any stile access into the adjoining field was being contemplated at that time. It appears to me perfectly feasible and indeed the more likely scenario that a beckside course had already then been in use.

We have no correspondence relating to the maintenance of the route by the rural district council prior to the formation of LCC in 1974.

The parish survey note [see Digby (whole file)] describes the course of the path but only in the broadest terms. It lacks precision to demonstrate that either the literal beckside course or the OS mapped course distinctly separate from the beck were then the line in use. Reference to both the fields being ploughed could weigh against the Crossfield routes being available as it has long been the known wont of farmers to plough the fullest extent possible to maximise production. It is possible that either the currently walked line or the diagonal line diverging from the beckside were understood to be in use at the time. The parish clearly indicated the OS line in making their submission but the process itself does not prove which line were practically in use.

The OS map upon which the parish submission were made were based on surveys of 1886 and revision 1904 so already well over 50 years old. It is in LCC’s opinion unlikely that you will be able to demonstrate when the diagonal line shown on the OS ceased to be used in favour of the beckside course, or demonstrate when any stile or other access were first made at the beckside in your boundary fence. The correspondence of August 1995 does refer to the parish council being fully supportive regarding the path being fenced for privacy. It may be worth looking at the parish council minutes for that period to see whether the suggested fence were ever discussed.

Should you require the attachments mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and these can be provided.

 

Reference number
FOI 7029421
Date request received
07/06/23
Date of decision
03/07/23