Agenda item

Report of the Director for Corporate Services.

The Panel considered a report of the Director for Corporate Services for a Public Footpath from Hulme Close across the Field to Outer Perimeter of Keele Golf Course.

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) User evidence forms; (iii) Salient points table and (iv) Applicants Confirmation of plan.

The Panel decided that the available evidence was not sufficient to conclude that a Public Footpath from Hulme Close across the Field to Outer Perimeter of Keele Golf Course subsisted and therefore should not be added to the Definitive Map and Statement of Public Rights of Way as such.

Decided – That (a) the evidence submitted by the applicant at

Appendix A, and that discovered by the County Council was not sufficient to conclude that a Public Footpath which was not shown on the Definitive Map and Statement subsists on the balance of probabilities or was reasonably alleged to subsist along the route marked A to B on the plan attached at Appendix B to the report and should not be added to the Definitive Map and Statement of Public Rights of Way as such.

(b) an Order should not be made to add the route shown as A to B on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way as a Public Footpath.