Decision details

The Committee considered a report which outlined an application submitted on behalf of Mobberley Parish Council, which sought to amend the Definitive Map and Statement for Cheshire East Borough Council. The application requested the addition of two public footpaths between Public Footpaths 13 and 21 in the Parish of Mobberley (“FP13” and “FP21”) under Section 53 of the Wildlife and Countryside Act 1981 (the “81 Act”).

The report included an analysis of the claim, comprising of a review of user evidence, an assessment of historical information and consideration of the relevant legal context. It also outlined the legal tests required for a Definitive Map Modification Order (“DMMO”) to be made.

Councillor H Moss addressed the committee as a visiting councillor in support of the application but raised concerns in respect of routes B to C on the plan in appendix 1 of the report and asked that common sense was applied. Councillor Moss explained that residents in 2014 who backed on to the route were able to purchase some of the land to extend their gardens.

The purchase of the land had meant a minor realignment of the travel route, and the route now followed the perimeter of the new gardens. The new travel route had not been in situ for the required 20 years, whereas the rest of the routes had. Councillor Moss requested that officers engage with the landowner to request that the route followed the perimeter of the gardens and not allow the route to enter the gardens for a sake of a few meters.

In response to a question in respect of what options the committee had to address the issue raised by Councillor Moss it was agreed that the application should go through due process then officers would engage with the landowner.

The Committee considered the evidence and on the balance of probabilities agreed that there was sufficient evidence that there was a reasonable allegation that public rights should be recorded and that a DMMO should be made to add the two footpaths between FP13 and FP21.

RESOLVED: (Unanimously)

That the Highways & Transport Committee

1. Agree that a Definitive Map Modification Order is made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by the addition of a public footpath between Point A-C-D on Plan WCA/051 and a public footpath between Point B-C on Plan WCA/051.

2. Note that in the event of objections being received, Cheshire East Borough Council will be responsible for the conduct of any hearing or public inquiry