Decision details

Officers passed on the thanks of the family of the applicant to the committee for voting to defer the application at the meeting in April to the June Committee.

The Committee considered a report which outlined the investigation of an application to amend the Definitive Map and Statement of Public Rights of Way by deleting Public Footpath 19 Audlem.

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

The evidence consisted of the application from the landowner, supporting statements from two neighbours and documentary evidence in the form of letters, maps and photos sent to the Council.

It was noted that the submission of comments from Audlem Parish Council had been delayed due to the deferment of the report. However, the Parish Council subsequently confirmed their support for the officer’s recommendation.

Officers reported a correction to the report in respect of paragraph 30 onwards which related to a Finance Act field record and stated there was a claim for a deduction for one footpath, and it was assumed that this footpath was footpath 19. The field record acreage for the farm included other land which was also crossed by part of public footpath 18 which was not shown on the plan. It was explained the details in the field book were supplied by the landowner and were not subject to external valuation so whilst the field book says one footpath it also says in the valuation calculation rights of way in the plural.  There were no further details on the record to suggest which footpath was the valuation.

Officers acknowledged that there were some practical difficulties around the management of the farm when it was fully operational as outlined by Mrs Lawrence in earlier in the meeting. However, the officer clarified that the issues of convenience and safety could not be considered valid grounds for deleting the public path.

The Committee considered whether on the balance of probabilities the Public Footpath was registered on the Definitive Map and Statement in error.

The Committee 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 Highways and Transport Committee:

 1. Decide that a Modification Order not be made under Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement to delete Footpath 19 as shown on Plan No. WCA/40 at Appendix 1.

2. The application be refused on the grounds that there is insufficient evidence to overturn the legal presumption that the Definitive Map and Statement are correct.

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.