Agenda item

Wildlife and Countryside Act 1981, Section 53 - Application for Public Bridleway from Blithbury Road to Public Bridleway No. 28 Abbots Bromley 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 Bridleway from Blithbury Road to Public Bridleway No. 28, Abbots Bromley Parish, East Staffordshire 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 plan of the claimed route A-B-C-D; (iii) a copy of Deposited railway Plan – Q/Rum/172 (1845); (iv) a copy of Deposited railway Plan – Q/Rum/159 (1845); (v) a copy of Inclosure Award – Q/RDC58 pt2 Map 11 (1806); (vi) a copy of Hamstall Ridware Tithe Map; (vii) copies of three Ordnance Survey Maps; (viii) a copy of Greenwoods Map (1820); (ix) a copy of Teesdale’s Map (1832); (x) a copy of an Owner/occupier Evidence Form Submitted by Mr. L.A. Wood; (xi) a copy of an Owner/occupier Evidence Form Submitted by Mr. C.J. Hall; (xii) a copy of an Owner/occupier Evidence Form Submitted by Mr. D.W. Mycock and (xiii) copies of correspondences from Statutory Consultees.

 

Following their detailed consideration of the application, the Panel decided that the available evidence was sufficient, on the balance of probabilities, to show a Public Bridleway rights subsisted 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 sufficient to show that the alleged Public Bridleway at Blithbury Road to Public Bridleway No. 28, Abbots Bromley Parish subsists.

 

(c) That the evidence submitted by the Applicant and that discovered by the County Council is sufficient to show that, on a balance of probabilities, Public Footpath No. 0.376(a) Abbots Bromley Parish (shown A-B on the attached plan) and Public Footpath No. 0.421 Abbots Bromley Parish (shown C-D on the attached plan) should be shown as highways of different descriptions, namely Public Bridleways on the County Council’s Definitive Map and Statement of Public Rights of Way.

 

(d) That the evidence submitted by the Applicant and that discovered by the County Council is sufficient to show that, on a balance of probabilities, a Public Bridleway (shown B-C on the attached plan) which is not currently shown on County Council’s Definitive Map and Statement of Public Rights of Way exists.

 

(e) That an Order be made under Section 53(3)(c)(ii) of the Wildlife and Countryside Act 1981 to modify the County Council’s Definitive Map and Statement of Public Rights of Way for the Borough of East Staffordshire by upgrading Public Footpath No. 0.376(a) Abbots Bromley Parish (shown A-B on the plan) and Public Footpath No. 0.421 (shown C-D on the plan) to Public Bridleway status and to add part B-C shown on the plan as a Public Bridleway.

Supporting documents: