Decision details

It was noted that Councillors G. Marshall and B. Wye had not completed the required Public Rights of Way training and therefore were permitted to observe the item but were not able to take part in the debate or vote on it.

The committee considered a report which outlined an application made in October 2017 for an order to part upgrade Footpath No.6 Ashley to a Bridleway shown between points A-B on Plan WCA/056 (“the Plan”) (Appendix 1 to the report).

The report assessed the submitted evidence and made a recommendation in accordance with the duty set out under Section 53 (2) (b) of the 1981 Act, following the occurrence of an event under Section 53(3)(c)(ii), namely that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description. This was set out in detail at Appendix 2 to the report.

The evidence in support of the application consisted primarily of user evidence forms from 10 people. Route A-B on the Plan was alleged to have been used by the public during periods between 1996 – 2016 on foot and by bicycle. This could meet the test for a reasonable allegation of public rights under Section 53 (3)(c)(ii).

The investigation also considered maps and plans from the nineteenth century and the records of the DM. The documents were not conclusive in establishing additional rights of way.

The evidence was assessed against the statutory tests set out under the 1981 Act and the “the 1980 Act. Submissions from landowners relate to a later period than the claimed use. Based on the user evidence covering a twenty-year period prior to 1996 and 2016, it was considered on the balance of probabilities, that a public bridleway did not subsist between points A-B on the Plan.

The committee agreed to refuse the application on the grounds that there was insufficient evidence to overturn the legal presumption that the Definitive Map and Statement were correct.

RESOLVED: (By majority)

That the Highways and Transport Committee

1.    Refuse to make a Definitive Map Modification Order for the route A - B on Plan WCA/056 at Appendix 1 to the report.