Agenda item

To consider an application to amend the Definitive Map and Statement to add a Public Bridleway at Watch Lane in the Parish of Moston.

The Committee considered a report detailing the investigation into an application made in 2014 by Mr David Nixon to amend the Definitive Map and Statement to add a Public Bridleway at Watch Lane in the Parish of Moston.

Section 53 (2)(b) of the Wildlife and Countryside Act 1981 required that the Council should keep the Definitive Map and Statement under continuous review and make such modifications to the Map and Statement as appear requisite in consequence of the occurrence of certain events, as set out within the officer report.

The Committee considered the application and noted that following consultation with the Local Ward Member, Moston Parish Council, user groups/organisations, statutory undertakers and landowners that two responses had been received. Moston Parish Council indicated their strong support for the application. The Green Lane Association responded to state that the claimed route had been part of the Ordinary Road Network since the earliest map (Swire and Hutchings’ Map 1830) and that the Definitive Map Modification Order determination should not be concluded with the recording of a Public Right of Way, but rather the Council’s Highways records should reflect the existence of a public all-purpose carriageway.  Subsequently, an email had been received from the Treasurer of Elworth Angling Society representing the club and its members. He stated that when approached in 2014 the view of the Angling Society was that it would have little detriment to the Society if the path was made into a public footpath or bridleway as use by the public was sporadic. However, the Treasurer stated that the Society had concerns around the increase of use and that there were issues with irresponsible dog walkers and consequently, the Elworth Angling Society objected to the application.

The Committee considered evidence submitted and researched in the assessment of the application which consisted of use on foot, horseback and pedal cycle by individual witnesses over a period of over twenty years. The documentary evidence considered in this case demonstrated the existence of the route known as Watch Lane as a bounded lane which included the claimed route that was clearly part of the Ordinary Road Network from early commercial maps.

Councillor Gilbert referred to the length of highway that would remain adopted (western end of Watch Lane) and the issues this could give rise to in the future. Officers confirmed that signage could be installed at Crabmill Lane to make it clear this is not a through route for vehicles.

The Committee concluded that the evidence in support of the claim, on the balance of probabilities, that restricted byway rights subsist along the claimed route.

RESOLVED (by majority)

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 to add a Restricted Byway as shown between points A and B on Plan No. WCA/027.

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.