Issue - meetings

To receive an information report on a recent public inquiry and the outcome

The Committee received an information report on a recent public inquiry to determine Definitive Map Modification Order – upgrading of Public Footpaths Nos.29, 15 (part), 14, 10 (part), 9 (part) and 27 in the parish of Chorley and 42 in the parish of Wilmslow to Bridleway.

Two applications had been made to Cheshire County Council in 2008 to amend the Definitive Map and Statement by upgrading a number of public footpaths to public bridleways.  The first application concerned a route from Knutsford Road to Moor Lane.  The second application concerned footpath No.42, known as Filter Bed Lane, which ran between Upcast Lane and Clay Lane.  

These applications were considered at the Public Rights of Way Committee in March 2010, when the making of an Order was approved with the exception of part of Clay Lane.  A Modification Order to upgrade the remainder of the route was made on 29 April 2010.  Eight formal objections were submitted to the Order which were not withdrawn.

A public inquiry was held on 6 – 8 September 2011. The Inspector heard evidence from the Council’s Definitive Map Officer and from fourteen witnesses in support of the Order and from six in opposition. 

The evidence in support was that under section 31 of the Highways Act 1980 the ways had been used for horseback for a full period of 20 years without force, secrecy or permission and without sufficient evidence to indicate that there had been no intention to dedicate during that period.  It these criteria were fulfilled then the ways are deemed to have been dedicated as bridleway.

The evidence in opposition to the Order was that there was not sufficient evidence of use on horseback during the relevant period and that landowners Mr Morris and Mr Clayton had challenged horse riders.  The evidence of the users indicated that most of them were challenged or were aware of horse riders being challenged in the immediate locality of Lea Farm.  These challenges were the reason why part of Clay Lane was not included in the Order.

The Inspector issued a decision letter on 26 October 2011 in which the Order was confirmed.  The balance of the argument weighed in favour of the footpaths having been deemed to have been dedicated as bridleways.  The Council had advertised the confirmation of the Order and must allow 42 days for a High Court challenge to be made.  This period would expire on
22 December 2011.

RESOLVED:

That the outcome of the Public Inquiry be noted.