Decision details

The committee considered the report which detailed an investigation into an application made by Mr C Eagles to amend the Definitive Map and Statement to add a Public Restricted Byway / Byway Open to All Traffic between Buxton Old Road along Teggsnose Lane to join existing Public Footpaths Nos. 4 and 5 near Teggnose Farm and also a second connecting route to the east of Teggnose Lane to join existing Public Footpath No. 3. The committee considered the application and evidence as set out within the officer report.

The committee agreed that, on the balance of probabilities, public footpath rights had been acquired.

RESOLVED (by majority):

That the Highways and Transport Committee

1.   Agree that a Definitive Map Modification Order be made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 adding a Public Footpath as shown on Plan No WCA/343/039.

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.