Agenda item

Report of the Director for Corporate Services.

The Panel considered a report of the Director of Corporate Services regarding an application from Mr M Reay for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Bridleway between Trent Walk and Fiddlers Lodge.

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) plan of the claimed route (ii) Original copy of the Quarter Session Order dated 1801 and accompanying map (iii) Transcript of the Quarter Session Order dated 1801 (iv) Justice Order Plan 1801 Routes overlayed on the Definitive Map (v) Ingestre Estate Diversion Plan (vi) Copy of Public Path Order – Creation Order 1994 – creation of public bridleway (vii) Copies of correspondence from statutory consultees (viii) Copy of correspondence from Dr Fowkes – archive consultant and historical researcher (ix) Copy of Mr Tavernor’s comments on draft report and officer response.

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway between Trent Walk and Fiddlers Lodge subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

DECISION - That (a) the evidence submitted by the applicant and that discovered by the County Council was sufficient to show that the Public Bridleway between Trent Walk and Fiddlers Lodge subsisted.

(b) an Order be made 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 District of Stafford as a Public Bridleway.