Report of Director of Corporate Services.
The Panel considered a report of the Director of Corporate Services regarding an application by Mr P Martin for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Footpath between Keele Road and Paris Avenue, Westlands, Newcastle-under-Lyme.
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 plan of the claimed route; (ii) User and Landowner Evidence Forms and Photographs; (iii) Table of Usage; (iv) Bye Laws Evidence Forms; (v) Applicants response to Report. Applicants Request to withdraw the application & Formal confirmation of new applicant; (vi) Response to report form current Landowner.
The Panel decided that the available evidence was not sufficient to conclude that a Public Footpath, which was not currently shown on the Definitive Map and Statement, subsided along the claimed route.
RESOLVED – That (a) the report be received and noted;
(b) the evidence submitted by the applicant and that discovered by the County Council is not sufficient to conclude that Public Footpath between Keele Road and Paris Avenue, Westlands, Newcastle-under-Lyme, subsists along the route marked A to B on the plan attached at Appendix B to this report and should not therefore be added to the Definitive Map and Statement of Public Rights of Way;
(c) an Order should not be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to a add the right of way, shown on the plan attached at Appendix B and marked A to B to the Definitive Map and Statement of Public Rights of Way for the District of Newcastle-under-Lyme.