Agenda item

Report of the Director for Corporate Services.

The Panel considered a report of the Director of Corporate Services regarding an application for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Footpath from Public Footpath 15, Milwich, to Public Footpath 2, Leigh.

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) Application Plan; (ii) User evidence; (iii) Landowner Response forms; (iv) Statutory Consultee responses and; (v) Evidence for alternative route.

The Panel Decided that that the available evidence was sufficient to conclude that a Public Footpath from Public Footpath 15, Milwich, to Public Footpath 2, Leigh subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such. The Panel discussed that the path should be no wider than one meter.

DECISION – That (a) the evidence submitted by the applicant at Appendix A was sufficient to show that a Public Footpath which is not shown on the Definitive Map and Statement subsisted on the balance of probabilities along the route marked A to B on the plan attached at Appendix B in the report and should therefore be added to the Definitive Map and Statement of Public Rights of Way as such.

(b) an Order be made to add the alleged right of way shown on the plan attached at Appendix B and marked A to B in the report to the Definitive Map and Statement of Public Rights of Way for the Borough of Stafford.