Agenda item

To consider the application for the addition of a Public Footpath between Newcastle Road to Padgbury Lane in the town of Congleton.

The Committee considered a report which detailed an investigation into an application for the addition of a Public Footpath between Newcastle Road (A34) and Padgbury Lane in the town of Congleton to the Definitive Map and Statement.

Under Section 53 of the Wildlife and Countryside Act 1981, the Borough Council had a duty, as surveying authority, to keep the Definitive Map and Statement under continuous review.  Section 53(c) allowed the Authority to act on the discovery of evidence that suggests that the Definitive Map and Statement needed to be amended.  The Authority must investigate and determine the evidence and decide whether to make a Definitive Map Modification Order or not.

One such event - under section 53 (3)(c)(i) was where

“(c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows:-

(i) that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path, a restricted byway or, subject to 54A, a byway open to all traffic.”

The evidence could consist of documentary/historical evidence or user evidence or a mixture of both.  Where the evidence in support  was user evidence, section 31(1) of the Highways Act 1980 applied: - “Where a way .... has been actually enjoyed by the public as of right and without interruption for a full period of twenty years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate.”

The application had been submitted by Mr Alan Wrench on behalf of the Congleton Group of The Ramblers’ Association to amend the Definitive Map and Statement by the additional of a footpath between Newcastle Road and Padgbury Lane, in the town of Congleton.  The application was made on the basis of user evidence from seven witnesses; with a further two witnesses later submitting evidence. 

The report before the Committee detailed the investigation carried out into the application. 

In addition to the evaluation of the user evidence, an investigation had been carried out into historical documentation to establish if the claimed route had an historical origin. It was found that the claimed route was shown on Commercial County Maps of 1819, 1830 and 1831, the Congleton Tithe Map of 1845 and Ordnance Survey maps.

Nine people had claimed use of the route and all had completed standard user evidence forms. The relevant 20 year period was 1994 to 2014, when the application was made.  All the users claimed use of the route on foot, with eight out of the nine users stating they had used the claimed route in excess of the 20 year period. The route had been used for a variety of recreational purposes such as dog walking, visiting friends and walks organised by Congleton Ramblers.  The witnesses stated that they had not been challenged and that there was no evidence of any signs at any time along the claimed route. 

The claimed footpath was on land which was unregistered with the Land Registry, apart from a very small section at the beginning of the route at Newcastle Road, which had a Caution against first registration – this being made by the owners of March House to protect their right of access to their property. 

Notice of the application had been placed at each end of the claimed path and the five properties which border the path had been consulted regarding the application.  The owners of Marsh House stated that they believed the route was a footpath, known as Cinder Lane, and supported the application.  Another landowner at the Padgbury Lane end regarded the route as a footpath and had no objections to it being added to the Definitive Map. 

The report concluded that on the balance of probabilities the user evidence supported the allegation that public footpath rights subsisted along the claimed route and it was considered that the requirements of Section 53(3)(c)(i) had been met.

The Committee considered the user evidence submitted and the Definitive Map Officer’s conclusion and considered that there was sufficient user evidence to support the existence of footpath rights.  The Committee considered that, on the balance of probabilities, the requirements of Section 53(3)(c)(i) had been met and that the Definitive Map and Statement should be modified to add the claimed route as a Public Footpath. 

The Committee unanimously

RESOLVED:  That

1          an Order be made under Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by adding as a Public Footpath the route shown between points A-B on Plan No.WCA/018.

2          Public Notice of the making of the Order be given and, in the event of there being no objections within the specified period, or any objections received being withdrawn, the Order be confirmed in exercise of the power conferred on the Council by the said Act.

3          In the event of objections to the Order being received, Cheshire East Borough Council be responsible for the conduct of any hearing or public inquiry.