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 from Byway No 3 north of Stable Farm to Trent Walk, Ingestre.
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) Copy of Quarter Session Order and accompanying map dated 1801; (iii) Transcript of text from the Quarter Session Order dated 1801; (iv) Map of Justice Order Plan 1801 routes overlayed on the Definitive Map of Public Rights of Way; (v) Copy of Ingestre Estate Plans; (vi) Copy of correspondence from Dr Fowkes; (vii) Copy of documents provided by the applicant produced by Staffordshire County Council showing the alignment of the route between points C to D; (viii) Copy of correspondence received from owners of 3, 15 and 17 Home Farm Court in response to report and a copy of officer’s response to owners.
The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway from Byway No 3 north of Stable Farm to Trent Walk, Ingestre 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 a Public Bridleway from Byway No 3 north of Stable Farm to Trent Walk, Ingestre which is not shown on the Definitive Map and Statement subsists.
(b) an Order be made to add the alleged Right of Way shown on the plan attached at Appendix B and marked C to D to the Definitive Map and Statement of Public Rights of Way for the District of Stafford as a Public Bridleway.