Agenda item

Wildlife and Countryside Act 1981 - Application for the addition of three alleged footpaths at Hixon airfield, Stafford

Report of the Director for Corporate Services.

Minutes:

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 three Public Footpaths at Hixon airfield, Stafford.

 

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 footpaths; (ii) Additional documentary evidence submitted by the Applicants; (iii) Applicants Certificates of Service; (iv) Landowner evidence forms; (v) User evidence spreadsheet and forms and; (vi) Emails with comments from Statutory consultees.

 

The Panel Decided that that the available evidence was sufficient to conclude that the three Public Footpaths at Hixon airfield 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 applicants and that discovered by the County Council was sufficient to show that three alleged public footpaths, two of which are along the disused runways and a third which bisects both runways at Hixon airfield, Stafford are reasonably alleged to subsist along the routes marked A to B (Airfield Route 1) C to D (Airfield Route 2) and E to F (Airfield Route 3) on the plan attached at Appendix B.

(b) an Order be made to add the alleged public footpaths along each of the two disused runways of Hixon airfield at Hixon, together with a third alleged public footpath which crosses both runways to the Definitive Map and Statement of Public Rights of Way for the Borough of Stafford.

Supporting documents: