Agenda item

The Panel considered a report by the Director for Corporate Services on an application submitted under Section 53 of the Wildlife and Countryside Act 1981 for the addition of a Public Footpath from the B5026 to the public path at the railway boundary, Chebsey on the Definitive Map of Public Rights of Way.

The Director verbally presented various legal, documentary and historical pieces of evidence relevant to the application, explaining that the Panel was required to consider in totality all available evidence and apply relevant legal tests when deciding whether to accept or reject the application.

The Panel was presented with the following evidence:

A.   Copy of application

B.   Plan

C.   Railway Plan 1898

D.  Ordnance Survey Plan 1889

E.   Landowner Responses

F.   Statutory Consultee Responses

G.  Realignment of PF11 (detail)

In considering the application, members queried the legal position when documentary evidence showed a Public Footpath to have been likely to exist but the line of that footpath had been lost due to development such as rail lines. It was explained that in such circumstances the possible extinguishment of any section of a newly defined Public Footpath would be dealt with as an Order was being progressed.

Decided –

(i) that the evidence submitted by the applicant shown as Appendix A to the report is sufficient to show that a Public Footpath is Reasonably Alleged to subsist along the route marked A to B on the Plan submitted at Appendix B to the report.

(ii) that an Order be made to add the right of way shown marked A to B on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way for the Borough of Stafford; the minimum width of the right of way to be 1 metre throughout its length.