Decision details

The committee considered a report which outlined the investigation into a an application made in May 2018 for an order to add a circular footpath to the DM linking Footpath 43 Wilmslow to Footpath 44 Alderley Edge as shown between A-B-C-D-E-F-G-H-A on Plan WCA/057 (“the Plan”) at Appendix 1 to the report.

It was noted that 19 user evidence forms were submitted, covering public use between 1967 and 2018, with the relevant statutory 20?year period being 1998–2018.

The evidence demonstrated sufficient uninterrupted public use on foot to support the existence of public rights over:

• Route 1 (A–B–C–D–E–F–H–A)
• Route 4 (F–I)

For Route 2 (J–K–L–C) and Route 3 (B–E), the evidence was insufficient, reflecting only occasional or sporadic use, not meeting the statutory test.

Historical and documentary sources (including 19th?century maps and Definitive Map records) were reviewed but were not conclusive. Aerial imagery supported bridge and access points related to Routes 1 and 4.

Consultation was carried out with:

• Alderley Edge Community Council
• Wilmslow Town Council
• Local landowners and tenants
• User groups, including the Peaks & Northern Footpaths Society and the Open Spaces Society

The committee noted:

• Peaks & Northern Footpaths Society supported the proposed addition.
• Open Spaces Society objected to the proposal.
• Landowner and tenant objections included reports of challenging users and installing obstructions.

Officers advised that, despite these actions, no sufficient evidence was presented showing a clear intention not to dedicate the routes.

RESOLVED:-(Unanimously)

That the Highways and Transport committee:

1. Approve a Definitive Map Modification Order under Section 53(2)(b) on the basis of evidence under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981, for route 1 (A-B-C-D-E-F-H-A) and route 4 (F-I) on the Plan.
2. Agree that the application be refused in respect of Route 2 and Route 3, due to insufficient user evidence.
3. Approve that public notice of the making of the Order be given and in the event of there being no objections within the period specified, that the Order be confirmed in the exercise of the powers conferred on the Council by the said Act.