Agenda item

To consider the application for the upgrading of Public Footpaths Nos.71 and 11 (part) Congleton to Bridleways

The Committee received a report which detailed an investigation into an application for the upgrading of Public Footpath Nos. 71 and 11 (part) Congleton to Bridleway.

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 (3)(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 on the outcome whether to make a Definitive Map Modification Order.  The event relevant to the application was section 53(3)(c)(ii), which required modification of the map by change of status of a right of way:

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

(ii)        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.”

Where the evidence in support of the application is user evidence, section 31(1) of the Highways Act 1980 applied:-

“Where a way….. had 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.”

Section 31(2) states that “the 20 years is calculated retrospectively from the date when the right of the public to use the way is brought into question.”

The application had been submitted in November 2007 by Mrs P Amies on behalf of the Border Bridleway Association to amend the Definitive Map and Statement by upgrading two footpaths in Congleton to bridleways.  The application was based on user evidence; a total of 14 user evidence forms were submitted with the application.

A detailed investigation of all the evidence submitted with the application had been undertaken, together with additional research.  In addition to the user evidence, an investigation of the available historical documentation had been undertaken to establish whether the claimed route had an earlier origin.

From the historical documentation investigation it was found that Footpath No.71 Congleton had been created in 1958 as an alternative route to Footpath No.10, which was stopped up in 1957 and 1958 for the purposes of quarrying.  The Tithe Map of Astbury dated 1845 showed a dotted line on a route very similar to that of Footpath No.11 and the original line of Footpath No.10 is also shown.  The Ordinance Survey Maps of 1872, 1898 and 1909 showed the line of Footpath Nos.10 and 11.  Both Footpaths were identified on the Parish Walking Survey plan for Congleton carried out in the early 1950s.                                                                                                                                                                                         

A total of fourteen user evidence forms had been submitted, nine of which claimed to have ridden the routes on a horse; three had cycled and two had used the route on both horseback and cycle.  Twelve had used the whole of the claimed routes (A-B-C and B-C on Plan No. WCA/011) and two witnesses had only used route A-B-C.

A member of the Border Bridleway Association had been challenged in 2007 while using the route on horseback and therefore the relevant twenty year period to be considered was 1987 to 2007. All fourteen witnesses had provided evidence of use during this period, with three claiming use for the full twenty year period and a further two had used it for nineteen of those years. 

Ten of the witnesses were interviewed.  All described the route in the same way, between two hedges from Astbury Street; then along the outside edge of the playing fields or out onto Bank Fields Crescent.   Two witnesses reported that they had been stopped or challenged but these had not been until 2007. 

Consultation letters had been sent to local Councillors, Congleton Town Council, adjacent landowners, users groups and statutory consultees.  The  Council’s Assets department commented that the surface of the route would require improving to cater for horse and cyclists.  The Astbury Mere Trust had objected to the application on safety grounds, stating that Footpath No.11 was too narrow for pedestrians and horses to pass.  The Countryside Range at Astbury Mere Country Park stated he had challenged horse riders on these paths, particularly Footpath No.71, but not cyclists.  Local residents were concerned on safety issues, particularly the width of the path.  The Peak and Northern Footpath Society had commented that the path was too narrow in places to enable horses and walkers to pass each other.

The report concluded that a decision on the application had to be made on the basis of user evidence.  During the relevant period 1987-2007, form user evidence forms and witnesses interviews showed that both routes were being used on a fairly regular basis by horse riders and cyclists.  Despite the Countryside Ranger stating he infrequently challenged horse riders, none of the witnesses had been challenged until 2007.  There was sufficient user evidence to support the allegation that a bridleway subsisted along the routes A-B-D and B-C on Plan No. WCA/011.

The Committee considered the historical and user evidence outlined in the report and the Definitive Map Officer’s conclusions and considered that there was sufficient user evidence to support the existence of public bridleway rights along the route A-B-D and B-C.  The Committee considered that, on the balance of probabilities, the requirements of Section 53(3)(c)(ii) had been met in relation to bridleway rights and the Definitive Map and Statement should be modified to show the route as a Public Bridleway.

The Committee unanimously

RESOLVED: That

1          An Order be made under Section 53(3)(c)(ii) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by upgrading Public Footpath Nos. 71 and 11 (part), Congleton to bridleway along the route shown between points A-B-D and B-C on Plan Number WCA/011.

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 Orders be confirmed in exercise of the power conferred on the Council by the said Acts.

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