Decision details

The Committee considered a report which outlined the investigation into an application made to modify the Definitive Map and Statement of Public Rights of Way to add a Bridleway between Buxton Old Road and Footpath 39, Parish of Disley, and upgrade (in part) to Bridleway Public Footpath 39.

The investigation included a discussion of the consultations carried out in respect of the claim, the documentary and witness evidence investigated and the legal tests for the making of a Definitive Map Modification Order (“DMMO”).

The Committee considered the evidence submitted and application to amend the Definitive Map and Statement in adding a Bridleway between Buxton Old Road and Footpath 39, Parish of Disley, Page 269 Agenda Item 9 and upgrade (in part) to Bridleway Public Footpath 39.

RESOLVED: (Unanimously)

1. Agree that a Definitive Map Modification Order be made under Sections 53(3)(c)(i) and 53(3)(c)(ii) of the Wildlife and Countryside Act 1981 to upgrade (in part) Disley Footpath 39 to Bridleway from points A – B of Plan No WCA/049 of Appendix 1 and to add a Bridleway between Buxton Old Road and Disley Footpath 39 Disley, from points B – C of Plan No WCA/049 of Appendix 1, in the Parish of Disley.

2. Agree that public notice of the making of the Order be given and in the event of there being no objections within the period specified, the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.

3. Note that in the event of objections being received, Cheshire East Borough Council be responsible for the conduct of any hearing or Public Inquiry.