Report of Director of Corporate Services
The Panel considered a report of the Director of Corporate Services regarding an application by Mr. M. Reay for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a Public Bridleway from Syerscote Lane to Public Bridleway No. 33 Clifton Campville Parish, Lichfield to the County Council’s Definitive Map and Statement of Public Rights of Way.
The report was presented verbally to take Members through the various legal, documentary and historical evidence relevant to the application. In applying these tests, Members were made aware that they should examine the evidence in its totality.
During their consideration of the application, Members had regard to the appendices attached to the report including:- (i) a copy of the application; (ii) a copy of a plan showing the alleged route; (iii) a copy of Finance Act 1910 Field Book entry; (iv) a copy of 1902 Ordnance Survey Map; (v) a copy of 1838 Clifton Campville Tithe Map; (vi) a copy of a letter from Mr. Bainbridge dated 16 November 2013 and his User Evidence Forms; (vii) a copy of Mr. Bostock’s Landowner Evidence Form; (viii) copies of responses from consultees; (ix) copies of Ordnance Survey Maps; (x) copies of Parish Survey Cards and associated maps; (xi) a copy of a letter from Mr. Bostock’s solicitor dated 3 October 2014 and a copy of a letter from Mr. J. Cliffe dated 3 October 2014; (xii) a copy of the County Council’s letter to Mr. Bostock’s Solicitor dated 17 November 2014; (xiii) a copy of a letter from Mr. Bostock dated 25 November 2018; (xiv) a copy of a response received from Mr. Bainbridge dated 14 November 2019.
In response to a request from the Chairman, the Director of Corporate Services clarified the location of points A to B on the plan attached at Appendix B to the report.
Following their detailed consideration of the application, the Panel decided that from the totality of the available evidence and the absence of conflicting evidence to refute the claim, the lesser test of ‘Reasonable Allegation’ as set out in paragraph 53(3)(c)(i) of the Act was met in that the alleged Right of Way was reasonably alleged to subsist.
RESOLVED – (a) That the report be received and noted.
(b) That the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that a Public Bridleway which is not shown on the Definitive Map and Statement of Public Rights of Way is reasonably alleged to subsist along the route shown on the plan attached at Appendix B to the report and should be added to the Definitive Map and Statement as such.
(c) That an Order be made to add the Public Right of Way shown marked A to B on the Plan attached at Appendix B to the report to the Definitive Map and Statement of Public Rights of Way for the District of Lichfield as a Public Bridleway.