Agenda item

Report of the Director of Corporate Services.

The Panel considered a report of the Director of Corporate Services regarding an application by Ms C A Howell for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for the upgrade of Public Footpath No 8 Caverswall to Bridleway Status.

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) a plan of the claimed route; (ii) User Evidence Forms; (iii) Salient Points of User Evidence Forms; (iv) M Rowley Letter; (v) 1978 Inquiry; (vi) 1980 Report; (vii) Staffordshire Moorlands Bridleways Preservation Group letter; (viii) DLA Solicitors Letter and (ix) North Staffordshire Bridleways Association Letter.

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway which was not currently shown on the Definitive Map and Statement, subsisted along the claimed route.

RESOLVED – That (a) the evidence submitted with the application at Appendix A was sufficient to show that a Public Bridleway subsists along the route marked A to B on the plan attached at Appendix B to this report and should therefore be added to the Definitive Map and Statement of Public Rights of Way as such.

(b) an Order should 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 Staffordshire Moorlands, Caverswall.