Decision details

Declarations of Interest: Borough Cllr David Wright and County Cllr Keith Taylor both declared a non-pecuniary interest as trustees of the Friends of Hurtwood charity and left the room for the duration of the discussion on Item 9.

The Vice-Chairman chaired the meeting for items 9 and 10.

Officers attending: Catherine Valiant Countryside Access Officer SCC

Petitions, Public Questions, Statements: None

Member discussion - key points:

An application has been received for a Map Modification Order (MMO) to add a public footpath between Public Footpath No.180 (Shere) and Public Bridleway No.181 (Shere). 

The officer’s recommendation was supported unanimously by members of the committee.

Resolved:

The Local Committee (Guildford) agreed that:

The application to record a public footpath as described above be turned down.

Reasons:

The County Council has a duty under Section 53 of the Wildlife and Countryside Act 1981 (WCA1981) to modify the Definitive Map and Statement (DMS) if it discovers evidence which on balance supports a modification.

In this instance the evidence submitted by the landowner shows a lack of intention to dedicate a right of way between points A and B that is sufficient to negate the claim of long user by members of the public. In addition the nature of the land between B and C is such that a public right of way could not be acquired, regardless of the frequency or length of that use.