Councillors and committees

Issue - meetings

RIGHT OF WAY, MICKLEHAM

Meeting: 02/12/2015 - Mole Valley Local Committee (Item 7)

7 RIGHT OF WAY, MICKLEHAM [OTHER COUNTY COUNCIL FUNCTIONS] pdf icon PDF 132 KB

An application was received for a Map Modification Order (MMO) to add a public footpath between byway open to all traffic (BOAT) No. 15 and bridleway (BW) No. 16 (Mickleham), Mole Valley to the Surrey County Council Definitive Map and Statement (DMS).

 

This report sets out the evidence to show that a public footpath can reasonably be alleged to subsist over the route and as such a legal order to modify the definitive map and statement should be made.

 

 

Additional documents:

Decision:

 

 The Local Committee (Mole Valley) resolved to agree that:

 

(i)                  Public footpath rights are recognised over A-B-C on Drg. No. 3/1/40/H4 and that this application for a MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by the addition of a footpath is approved. The route will be known as Public Footpath No. 597 (Mickleham).

 

And agreed that:

 

(ii)               A MMO should be made and advertised to implement these changes. If objections are maintained to such an order, it will be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation

 

 

Reasons for recommendations:

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 the evidence of long use supports the making of an MMO.

 

 

 

 

 

Minutes:

No declarations of interest received.

 

Officers present:

 

Daniel Williams (DW), Countryside Access Officer

 

Statements from members of the public were included in the tabled papers and are attached.

 

The Chairman reminded members of the ‘rights of way’ process and pointed out that a letter from Longshot had been circulated with the agenda papers.

 

Mrs Juliet Lowes read out her statement.

 

Cllr Raj Haque left the room.

 

 

Members’ discussion:

 

Divisional member Hazel Watson commented that the committee had been presented with a thorough report and agreed that the evidence supported the existence of a public footpath.

 

The committee agreed unanimously with the officer’s recommendation.

 

 

 The Local Committee (Mole Valley) resolved to agree that:

 

(i)                  Public footpath rights are recognised over A-B-C on Drg. No. 3/1/40/H4 and that this application for a MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement by the addition of a footpath is approved. The route will be known as Public Footpath No. 597 (Mickleham).

 

And agreed that:

 

(ii)               A MMO should be made and advertised to implement these changes. If objections are maintained to such an order, it will be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation

 

 

Reasons for recommendations:

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 the evidence of long use supports the making of an MMO.