Agenda item

To consider an application to amend the Definitive Map and Statement to add various public footpaths to the site known as Plumley Nature Reserve / Plumley Lime beds.

The Committee considered a report detailing the investigation into an application made by Plumley with Toft and Bexton Parish Council in 2010 and registered in 2011, to amend the Definitive Map and Statement to add various public footpaths to the site known as Plumley Nature Reserve / Plumley Lime beds.

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 during the consultation period with the Chelford Ward Member; Plumley with Toft and Bexton Parish Council, landowners, user groups/organisations and statutory stakeholders no objections were raised. However; landowner 2 had subsequently voiced concerns around the environment and conditions of the site and had since expressed further concerns around health and safety and antisocial behaviour.

It was highlighted by the Cheshire East Council Nature Conservation Officer that the application site was designated as a Site of Special Scientific Interest. A local resident also responded to put on record their agreement for a footpath on the site. 

The Committee considered the evidence submitted which consisted of user evidence forms, a sales particular document and photographs. A total of 12 user evidence forms were submitted demonstrating use on foot.  Out of the 12 witnesses, only two were available for interview. Use had covered a 57 period in total with 10 of the 12 witnesses having used the route during the relevant period of 1989 to 2009, when the use was challenged by locked gates and signage.All the use appears to have been “as of right” rather than “by right” without any interruption for a full 20-year period.

Where the evidence in support of the application is user evidence, section 31(1) of the Highways Act 1980 applies.  This states; -

“Where a way……has 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 it.”

This requires that the public must have used the way without interruption and as of right; that is without force, secrecy or permission.  Section 31(2) states that “the 20 years is to be calculated retrospectively from the date when the right of the public to use the way is brought into question”.

The Committee agreed that, on the balance of probabilities, the requirements of Section 53(3)(c)(i) had been met and that a Definitive Map Modification Order should be made to add the public footpaths (outlined in Plan No. WCA/028) at the Plumley Nature Reserve / Lime Beds site and thus amend the Definitive Map and Statement. However it was considered there was not enough evidence, of use of the spurs D-X and F-Y.

RESOLVED (unanimous):

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 by adding Public Footpaths at the Plumley Nature Reserve / Plumley Lime beds site as shown between points A-B-C-D-A and A-E-F-G on Plan No. WCA/028.

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.