Agenda item

Wildlife and Countryside Act 1981, Section 53 - Application for a Public Right of Way off Cadmans Lane, Essington

Report of Director of Corporate Services

Minutes:

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 Right of Way off Cadmans Lane, Essington 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.  The Director also made reference to case law which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. 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 plan of the claimed route; (iii) a copy of Finance Act Field Book entry; (iv) a copy Finance Act Plan; (v) a tracing of Deposited Railway Plan; (vi) correspondence from Messrs Fisher German; (vii) a copy of Deposited Railway Plan; (viii) an extract from Railway Book of Reference; (ix) a annotated Deposited Railway Plan; (x) copies of Parish Survey Plans and (xi) an annotated Map from the First Special and General Review of the Definitive Map.

 

The “Local” Members for the area spoke on the Application and expressed their support for the recommendations contained in the report.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Footpath not currently shown on the Definitive Map and Statement was reasonably alleged to subsist along the claimed route. However, owing to the proximity of the alleged route to the site of Hobble End Farm, Newtown, Walsall and concerns of the relevant Land Owner, they requested the Director investigate the feasibility of promoting and confirming an Order under Section 119 of the Highways Act 1980 to divert the route away from the farm, in the event it was added to the Definitive Map and Statement as a Public Footpath.

 

 

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 Footpath which is not currently shown on the County Council’s Definitive Map and Statement, is reasonably alleged to subsist along the alleged route shown on the plan attached at Appendix B to the report.

 

(c) That the Director of Corporate Services investigate the feasibility of promoting and confirming a Diversion Order under Section 119 of the Highway Act 1980, to divert the route away from the site of Hobble End Farm, Newtown, Walsall, in the event it was to be added to the County Council’s Definitive Map and Statement following confirmation of the Order referred to in (d) below.

 

(d) That an Order be made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 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.           

 

   

 

 

Supporting documents: