Issue - meetings

For Decision: this Right of Way item was deferred from the Waverley Local Committee on 22 September 2017, to allow more time for consultation.

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.

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.

Declarations of Interest: Stephen Spence declared a personal interest as a member of the Ramblers Association.

Officers in attendance: Debbie Prismall, Senior Countryside Access Officer

Public Speakers: None of the registered speakers attended the meeting.

Report Author introduction:

1.      The SCC Senior Countryside Access Officer explained that since the agenda had been published, an issue had been raised by one of the applicants relating to recommendation (i) (a) which required further legal investigation. She confirmed that it did not affect a decision being proposed on the other two recommendations.

Member discussion: Key points:

1.      Members debated whether they should defer all three recommendations to the following meeting, or consider the remaining two recommendations. The Chairman reminded the Committee that they had a quasi-judicial role in the matter. The committee considered the remaining two applications.

The Local Committee (Waverley) unanimously AGREED that: The decision on (i)(a) Claimed footpath no. 574 between points A – B – C – D - E on Drg. No. 3/1/3/H13 be deferred for consideration at the March 2018 committee meeting.

With a vote of 8 for, 4 against and 2 abstentions, the Local Committee (Waverley) AGREED that:

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

(i)         (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 not be 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.