Issue - meetings

To consider the application to modify the Definitive Map and Statement by the addition of a Bridleway along Graveyard Lane in the parish of Mobberley

The Committee considered a report which details an application submitted in May 2003 by the Alderley Edge, Wilmslow and District Footpaths Preservation Society to modify the Definitive Map and Statement by the addition of a Bridleway along Graveyard Lane in the parish of Mobberley.  The application was made under the Wildlife and Countryside Act 1981 for a Definitive Map Modification Order.

In 2007 investigations began into this application.  It was discovered that the lane had been diverted on the ground at its eastern end.  It was therefore decided that a Creation Agreement be sought with the landowners to avoid potentially complicated legal orders.  Ownership of the whole lane was not established and therefore the Creation Agreements were taking into account the provisions of the ‘Ad Medium Filum Via’ doctrine – that is that the owners of the land adjacent to the lane own up to the centre line of the lane. 

In April 2007 the Cheshire County Council Rights of Way Committee gave approval to enter into Creation Agreements with the landowners, under section 25 of the Highways Act 1980 for the dedication of Graveyard Lane as Public Bridleway No.83 Mobberley.

Following the Committee’s decision Agreements were drafted with each landowner and sent to them for signing.  Unfortunately the Officer who was dealing with this then left the Authority before the process was completed.  There was also staff changes within the legal department who were assisting with this and regrettably the case was not concluded. All but one landowner had returned their Agreements but the documents were not sealed and the process was not completed.

It was now considered appropriate that new Agreements be drafted with the landowners.  All eight landowners have been contacted and have signed a certificate to say that they agree to enter into a Creation Agreement with respect to this route. 

The Alderley Edge, Wilmslow and District Footpaths Preservation Society have agreed to withdraw their Definitive Map Modification Order application should the Bridleway be created by Agreement.

Under section 25 of the Highways Act 1980 a local authority may enter into an agreement with any person having the capacity to dedicate a public footpath or bridleway.  Under section 25 of the Highways Act 1980 there was no statutory right for objection to the proposals.

The Committee unanimously

RESOLVED:

That a Creation Agreement be entered into with the landowners and adjacent landowners under Section 25 of the Highways Act and under such terms as may be agreed by the Public Rights of Way Manager to create a new bridleway, to be know as Bridleway No.83 Mobberley, as illustrated on Plan No.HA/081 between points A to D; and public notice be given to these agreements.