Report of the Director for Corporate Services
The Panel considered a report of the Director for Corporate Services for an alleged footpath leading off Stephens Way to Public Footpath 31, Audley.
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) Copy of application and associated submitted letters and documents; (ii) Plan of claimed route; (iii) Copies of user evidence forms; (iv) Table of Usage; (v) Copy of statement/letter from previous landowners; (vi) Railway Deposited Plans and Book of Reference dated 1864; (vii) Copies of maps dated 1890 and 1920; (viii) Copy of map dated 1942 and; (ix) Copy of map dated from the 1970’s.
The Panel decided that the available evidence was sufficient to conclude that the Public Footpaths leading off Stephens Way to Public Footpath 31, Audley subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.
Resolved – That (a) the evidence presented by the applicants was sufficient to show that a Public Footpath which was not shown on the Definitive Map and Statement for the District of Newcastle under Lyme subsists along the route shown marked A to B on the plan attached at Appendix B and should be added to the Definitive Map and Statement of Public Rights of Way as such
(b) That an Order be made to add the alleged right of way shown on the plan attached at Appendix B and marked A to B to the Definitive Map and Statement of Public Rights of Way for the District of Newcastle under Lyme as a Public Footpath.