Agenda item

Report of the Director for Corporate Services.

The Panel considered a report of the Director for Corporate Services regarding an application for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Footpath between A525 Keele Road and Lymes Road, Keele.

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) Map of the claimed route; (ii) Quarter Sessions Order 1814; (iii) Annotated Plan from Applicant; (iv) Quarter Sessions Orders 1814-47; (v) Tithe Map; (vi) Knights Solicitors & Mike Taylor Consultants Report (vii) Landowner Response Forms; (viii) Newcastle-under-Lyme Borough Council Letter; (ix) Statutory Consultation Responses; (x) Revised Plan and Notes of Affected Properties; (xi) Relevant legal cases; (xii) Responses to Knights Solicitors Report; (xiii) Cllr Responses to draft report and; (xiv) Letter from Ralph Sneyd.

The Panel Decided that that the available evidence was sufficient to conclude that a Public Footpath between A525 Keele Road and Lymes Road, Keele 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 conclude that on the balance of probabilities the alleged Public Footpath which is not shown on the Definitive Map and Statement subsisted along the route marked A to D on the map attached at Appendix B and so should not be added to the Definitive Map and Statement of Public Rights of Way as such.

(b) an Order should be made to add the alleged route shown markedA to D on the map attached at Appendix B to the Definitive Map and Statement of Public Rights of Way.