Decision details

The Local Committee (Waverley) resolved to AGREE that:

(i)                

(a)  Claimed footpath no. 574 between points A – B – C – D - E on Drg. No. 3/1/3/H13 THE DECISION IS TO BE DEFERRED UNTIL THE MARCH 2018 LOCAL COMMITTEE.

No Public Footpath rights are recognised over the routes shown as:

(b)  Claimed footpath no. 559 between points C – H – F – D, H – I and F – G on Drg. No. 3/1/3/H13 and

(c)  Claimed footpath no. 565 between points B – J on Drg. No. 3/1/3/H13

and that the applications for MMOs under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by the addition of footpaths is not approved.

(ii)              In the event of the County Council being directed to make a MMO by the Secretary of State following an appeal by the claimant(s), the County Council as surveying authority will adopt a neutral stance at any Public Inquiry, making all evidence available to help the inspector determine the case.

Reason: The County Council has a duty under Section 53 of the Wildlife and Countryside Act 1981 (WCA 1981) to modify the Definitive Map and Statement (DMS) if it discovers evidence which on balance supports a modification. In this instance it is considered the evidence does not support the making of a MMO.

The reason for (i) (a) to be deferred is for further legal investigations to be undertaken.