Agenda item

The Panel considered a report from the Director for Corporate Services of the Wildlife and Countryside Act 1981 Section 53 for an application for the addition of an alleged Public Footpath from Wadden Lane to Old A518, Weston.

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) S53 Application Form 1; (ii) Plan of Claimed Route; (iii) Deposited Railway Plan and Record Book; (iv) Weston Tithe Map; (v) Ordnance survey map (1836); (vi) Various Old Maps Yates 1775 map, Cary 1806 & 1832 map, Tessdale 1831-2 map, Wright & Charrington Motoring, Cycling and Touring Road Atlas of the early 1900’s; (vii) Estate Map (Chartley Estate Plan 1904); (viii) Finance Act Map 1901; (ix) Ordnance Survey Maps 1887-1971; (x) Arial photograph of the land dated 1945; (xi) Landowner Evidence Forms; (xii) Defence Estates Response; (xiii) Landowner Email April 2023; (xiv) Byways and Bridleways trust Response to Consultation.

Decided – The Panel considered a report of the Director for Corporate Services for the addition of an alleged footpath from Wadden Lane to Old A518, Weston

The Chair abstained from voting on this application due to being contacted by the Landowner, the remaining three Members agreed unanimously that the evidence submitted with the application for an alleged Public Footpath from Wadden Lane to Old A518, Weston was sufficient to show that Public Footpath from Wadden Lane to Old A518, Weston should be added to the Definitive Map and Statement of Public Rights of Way for the District of Stafford.

That an Order should be made to add the route marked A to B on the plan at Appendix B to the Definitive Map and Statement of Public Rights of Way for the Parish of Weston in the District of Stafford.