Agenda item

Report of the Director of Corporate Services

The Panel considered a report of the Director of Corporate Services regarding an application for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Bridleway between Oldcott Farm/ Oldcott Drive to Colclough Lane/ Kidsgrove Bank.

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) plan of the claimed route (ii) Application and associated letters and documents provided by applicant (iii) User evidence (iv) landowner response (v) Statutory consultee response (vi) Evidence discovered by the authority (vii) Applicants correspondences.

The Panel decided that the available evidence was sufficient to conclude that A Public Bridleway between Oldcott Farm/ Oldcott Drive to Colclough Lane/ Kidsgrove Bank subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

RESOLVED - That (a) the evidence submitted by the applicants and that discovered by the County Council was sufficient to conclude that a Bridleway which was not shown on the Definitive Map and Statement was reasonably alleged to subsist along the route shown marked A-B, C-F, C-D, G-H and I-J on the plan attached at Appendix A to this report and should be added to the Definitive Map and Statement of Public Rights of Way as such.

(b) an Order be made under Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement as a bridleway along the route shown between points A-B, C-F, C-D, G-H and I-J on the plan attached at Appendix A in the report

(c) the evidence submitted by the applicants and that discovered by the County Council was sufficient to show that, on a balance of probabilities, that parts B-C, F-G and H-I which are currently recorded as FP 172 and FP 173, should be added as a highway of a different description, namely a bridleway to the Definitive Map and Statement of Public Right of Way as such.

(d) an Order be made under Section 53(3)(c)(ii) of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by upgrading public FP 172 and FP 173 Kidsgrove to a bridleway along the route shown between points B-C, F-G and H-I on the plan attached at Appendix A in the report.