Agenda item

Wildlife and Countryside Act 1981, Section 53 - Application for Byway Open to All Traffic between the A51 at Blackbrook and Public Footpath No. 4, Maer Parish

Report of Director of Corporate Service

Minutes:

The Panel considered a report by 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 Byway open to All Traffic (BOAT) between the A51 at Blackbrook and Public Footpath No. 4 Maer Parish, Newcastle-under-Lyme to the County Council’s Definitive Map and Statement of Public Rights of Way.

 

The Chairman referred to recent email correspondence received from the applicant requesting that the application be amended to include an additional route. However, following legal advice from the Director of Corporate Services stating that such an amendment at this time would be contrary to case law, the request had been declined.  

 

The report was then 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 location plan of the claimed route; (ii) a copy of the application; (iii) a copy of Inclosure Award map of Maer; (iv) a copy of Inclosure Award Schedule; (v) a copy of Greenwood’s Map; (vi) a copy of Teesdale’s Map; (vii) a copy of Ordnance Survey Map 2 Inch to 1 Mile and (viii) a transcript from Inclosure Award of Commissioners Powers.

 

Following their detailed consideration of the application, the Panel decided that the available evidence was insufficient to show a BOAT subsists or is reasonably alleged to subsist along the claimed route.

 

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 insufficient to show that a Byway open to All Traffic subsists or is reasonably alleged to subsist.

 

(c) That no Order be made to add the alleged Public Right of Way to the County Council’s Definitive Map and Statement of Public Rights of Way for the District of Borough of Newcastle-under-Lyme.     

Supporting documents: