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 from A51 to B5404 in the Parishes of Swinfen and Packington, and Wiggington and Hopwas.

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) Application and Plan; (ii) Claimed route marked A to B; (iii) Applicant’s supporting documentation; (iv) User evidence forms; (v) Landowner evidence forms and other documentation received from Landowners; (vi) Evidence received from Statutory Consultees; (vii) Evidence discovered by SCC.

Decided – The Panel considered a report of the Director for Corporate Services for an alleged Public Footpath from A51 to B5404 in the Parishes of Swinfen and Packington, and Wiggington and Hopwas.

The Panel agreed unanimously that the evidence submitted by the Applicant at Appendix A and that discovered by the County Council is sufficient to show that a Public Footpath which is not shown on the Definitive Map and Statement can be reasonably alleged to subsist along the route marked A to B on the plan attached at Appendix B.

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 Swinfen and Packington, and Wiggington and Hopwas in the District of Lichfield.