Decision details

The Committee considered a report which outlined the investigation into an application made to amend the Definitive Map and Statement to upgrade existing public footpath no:26 to a Restricted Byway along Smithy Lane in the parish of Mottram St Andrew under Section 53 of the Wildlife and Countryside Act 1981.

The investigation included a discussion carried out in respect of the claim, the historical evidence and legal test for a Definitive Map Modification Order to be made.

The Committee considered the application and evidence as set out within the report and agreed that the evidence that had been submitted with the application and that considered during the subsequent consultation and investigation was considered insufficient in showing that the details contained in the Definitive Map and Statement should be modified.

RESOLVED: (unanimously)

That the Committee:-

1. Agree that a Definitive Map Modification Order not be made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement to upgrade Public Footpath no 26 between points A and B on Plan no: WCA/50.

2. That the application for the upgrade of Public Footpath No 26 to a Restricted Byway is refused on the grounds that it cannot be demonstrated that the Definitive Map and Statement needs modifying.