Issue - meetings

To receive, for information, a report on the outcome of a recent public inquiry

The Committee received an information report on a recent public inquiry to determine Definitive Map Modification Order – Poynton with Worth Footpaths No. 92, 93 and 94, and its outcome.

An application had been made to Cheshire County Council in 2002 for three public footpaths to be added to the Definitive Map across land constituting a recreation ground called Brecon Park in Poynton.   Cheshire County Council considered this application at its Rights of Way Committee in July 2007, when the making of an order was approved and a Modification Order to add these footpaths was made on 23 October 2007. 

Poynton with Worth Town Council submitted a formal objection to the order, which was not withdrawn, based on the fact that there was no physical evidence of use of the paths across the grassed fields and that bye laws renewed in 2006 implemented opening times to the Park.

Since the Order was made, Local Government Reorganisation transferred responsibility for seeking resolution to this Order to Cheshire East Council.  An inquiry was held on 25 January 2011 and the Inspector heard evidence from the Clare Hibbert, Definitive Map Office, nine witnesses and the applicant in support of the Order and from Councillor Howard Murray, Ponyton with Worth Town Council in opposition. 

The evidence in support was that under section 31 of the Highways Act 1980, the ways had been used 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.  If these criteria were fulfilled then the way was deemed to have been dedicated. 

The evidence in opposition to the Order was that there was not sufficient evidence of use as there was no physical line of tread on the ground to indicate a used line and that bye laws restricted the times of entry to the ground.  During the course of questioning Councillor Murray accepted that, as far as he was aware, access to Brecon Park had never been subject to closing times.  These times had never been made public on notices or signs around the Park. 

The Inspector issues a decision letter on 4 February 2011 in which the Order was confirmed.  The balance of the argument weighed in favour of the paths having been deemed to have been dedicated.  The Council had advertised the confirmation Order and must allow 42 days for a High Court challenge to be made. This period expired on 8 April 2011.

RESOLVED:

That the outcome of the Public Inquiry be noted.