Agenda item

Report of the Director for Corporate Services.

The Panel considered a report of the Director for Corporate Services for two alleged footpaths leading off Sandon and Burston Footpath 25.

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 routes; (ii) Landowner evidence forms; (iii) photograph of Inclosure Aware and map; (iv) Relevant pages from the Sandon Act 1814; (v) Parish Survey Cards; (vi) Ordnance Survey map 1887; (vii) Tithe Map and (viii) Email from Byways and Bridleways trust.

The Panel decided that the available evidence was sufficient to conclude that the Public Footpaths leading of Sandon and Burston Footpath 25 subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

Decided – That (a) the evidence submitted with the application at Appendix A, and that discovered by the County Council was sufficient to conclude that the two alleged Public Footpaths, one of which was between Jolpool Lane and Sandon and Burston PF25, and the second of which leads from Sandon and Burston PF25 to the B5027 which were not shown on the Definitive Map and Statement are reasonably alleged to subsist along the routes marked A to B and C to D on the plan attached in the report at Appendix B.

(b) an Order be made to add the two routes shown as A to B and C to D on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way as Public Footpaths.