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 an alleged Public Footpath between Deep Haye and Crownpoint, Cheddleton.

The report was presented verbally to take Members through the various legal documentary and user 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) User evidence forms dated 1987; (iv) Correspondence from Staffordshire County Council to Cheddleton Historical & Archaeological Society; (v) User evidence forms dated 1989; (vi) User evidence forms dated 1990; (vii User evidence forms dated 1998; (viii) Tables of Usage; (ix) Owner/occupier evidence from Landowner 2; (x) Owner/occupier evidence from Landowner 3; (xi) Owner/occupier evidence from Landowner 4; (xii) Correspondence from Staffordshire County Council (Landowner 1); (xiii) Correspondence from statutory consultees.

Decided – The Panel considered a report of the Director for Corporate Services for the addition of Public Footpath between Deep Haye and Crownpoint, Cheddleton.

The Panel agreed unanimously that the evidence submitted with the application for an alleged Public Footpath between Deep Haye and Crownpoint, Cheddleton, was insufficient to show that Public Footpath from between Deep Haye and Crownpoint, Cheddleton, should be added to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.

That no Order should be made to add the alleged right of way shown on the plan attached at Appendix B and marked A to B and C to D to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands as a Public Footpath.