Agenda item

Wildlife and Countryside Act 1981, Section 53 - Application for the upgrade of Public Footpath 26, Seighford Parish to Bridleway Status

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 for the upgrade of Public Footpath 26, Seighford Parish to Bridleway Status.

 

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 Surveyors of Highways Report Book, ii) Auction Particulars (1813), iii) Finance Act (1910), iv) Seighford/Worston Tithe Map, v) County Maps 1798-late 1800’s.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Footpath, which was not currently shown on the Definitive Map and Statement, subsided along the claimed route, however discussed that the route should be no wider than 2 meters.

 

RESOLVED That (a) the report be received and noted;

 

(b) the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that Public Footpath 26, Seighford Parish which is shown along to route marked A to B on the plan attached at Appendix B to this report should be upgraded to bridleway status and added to the Definitive Map and Statement of Public Rights of Way, however the route should be no wider than 2 meters;

 

(c) an Order should not be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to 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 division of Stafford Borough.

 

Supporting documents: