Agenda item

Report of the Director of Corporate Services

The Panel considered a report of the Director of Corporate Services regarding an application from Mr D A Luker and Mrs P Luker for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Footpath between Weston Road and Tixall Road Stafford.

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) Salient Points (iv) Landowner Response Forms (v) Evidence Discovered by Staffordshire County Council (vi) Responses from statutory Consultees (vii) Plan Affixed to Bundle.

The Panel decided that the available evidence was sufficient to conclude on the balance of probabilities that A Public Footpath between Weston Road and Tixall Road Stafford subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

DECISION - That (a) the evidence submitted by the applicant and that discovered by the County Council was sufficient to show that the alleged public footpath between Weston Road and Tixall Road Stafford subsisted on the lines marked A to B on the map attached at Appendix B in the report.

(b) an Order be made to add the alleged right of way shown on the lines marked A to B on the plan attached at Appendix B in the report to the Definitive Map and Statement of Public Rights of Way for the District of Stafford as a Public Footpath.