Agenda item

Wildlife and Countryside Act 1981, Section 53 - Application for Public Footpath from Church Lane Public Footpath No. 6 to Public Footpath No. 3, Gayton Parish

Report of Director of Corporate Services

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 Public Footpath from Church Lane Public Footpath No. 6 to Public Footpath No. 3 Gayton Parish, Stafford Borough 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 and associated submitted letters and documents; (ii) a location plan of the claimed route; (iii) a copy of Deposited Railway Plan 1845; (iv) a copy of Gayton Tithe Map; (v) copies of Ordnance Survey Maps; (vi) a copy of a map showing the extent of Highways maintained at the Public’s Expense; (vii) A copy of a Landowner Evidence Form submitted by Mr. G.J. Bailey and (viii) copies of responses from Statutory Consultees.

 

Following their detailed consideration of the application, the Panel decided that the available evidence was insufficient on the balance of probabilities to show a Public Footpath subsisted along the claimed route. However, the evidence was sufficient to show, on the balance of probabilities, a Restricted Byway subsisted along that route,  

 

RESOLVED – (a) That the report be received and noted.

 

(b) That the evidence submitted by the applicants and that discovered by the County Council is not sufficient to show that, on the balance of probabilities, a Public Footpath which is not shown on the County Council’s Definitive Map and Statement to subsist along the route shown A-B-C-D on the Plan attached at Appendix B to the report and should not be added to the Definitive Map and Statement of Public Rights of Way.

 

(c) That the evidence submitted by the applicants and that discovered by the County Council is sufficient to show that, on the balance of probabilities, a Restricted Byway from Church Lane Public Footpath No. 6 to Public Footpath No. 3, Gayton Parish subsists.

 

(d) That an Order under Section 53(3)(c)(i) be made to add the alleged Right of Way shown on the Plan attached at Appendix B to the report to the County Council’s Definitive Map and Statement of Public Rights of Way for the Borough of Stafford.

 

 

Supporting documents: