Decision details

Declarations of Interest:      None

Officers attending:   Debbie Prismall, Senior CountrysideAccess Officer, SCC

Petitions, Public Questions, Statements:  None

The Senior Countryside Access Officer presented a report which outlined that the County Council has a duty under Section 53 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement if it discovers evidence which can be reasonably alleged to support a modification.

An application has been received for a Map Modification Order to add a public footpath on land between Pyrford Common and Upshot Lane, Pyrford to the Surrey County Council Definitive Map.

The Joint Committee (Woking)agreedthat:

i)    Public Footpath rights be recognised over the route shown on drawing no. 3/1/79/H66 as Alleged Public Footpath no. 422, Woking between points A – B – C – D – E and that a MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 be made to modify the Definitive Map and Statement for Surrey.

      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, the County Council as surveying authority will adopt a neutral stance at any Public Inquiry or Hearing, making all the evidence available to help the inspector determine the case.

Reasons For Recommendations:

The County Council hasa dutyunder Section53 of the Wildlife and Countryside Act 1981 to modifytheDefinitiveMap and Statementifitdiscoversevidence which on balance supportsa modification.

In this instance the evidence submitted in support of the application was considered sufficient to establish that public footpath rights are reasonably alleged to subsist over the claimed route, having been acquired by virtue of use by the public on foot under statutory deemed dedication (under s.31(1)) of the Highways Act 1980).

Evidence suggests that landowners have not sufficiently challenged users or taken sufficient actions to demonstrate their lack of intention to dedicate during the relevant period.