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, and the 8 December 2017, to allow more time to consider additional information received.

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) agreed that:

(i)      Public Footpath rights be recognised over the route shown B – C – D - E on Diagram no. 3/1/3/H13a and that a Map Modification Order be made under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement. The route would be known as Public Footpath No. 602,Busbridge.

(ii)      If objections are maintained to such an order, it would be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation.

(iii)     Public Footpath rights are not recognised over the route shown A – B on Diagram no. 3/1/3/H13a and as such no Map Modification Order be made.

Reasons for decision:

The evidence submitted in support of the application was considered insufficient to

prove that public rights are established over A – B but sufficient to establish that

public footpath rights are reasonably alleged to subsist over B – C – D - E, having

been acquired under both statutory presumed dedication (under s.31(6) of the

Highways Act 1980) and common law. It was considered that the landowners have not taken sufficient actions to demonstrate their lack of intention to dedicate the section B – C – D – E during the relevant period. Therefore, a Map Modification Order to modify the Definitive Map and Statement by the addition of a public footpath as described above should be made under s. 53 of the WCA 1981.

Members considered an application to recognise a public footpath between New Road and Clock Barn Lane in Busbridge.

Declarations of Interest: County Councillor Stephen Spence declared a personal interest in this item as a member of the Ramblers Association.

Officers in attendance: Debbie Prismall, Senior Countryside Access Officer

Mr Richard Flavell, who was objecting to the officer recommendation made the following points:

·         At previous meetings the officer had stated that there was not sufficient evidence to meet the statutory obligations to make the order

·         That there had been a barbed wire fence across the entrance to stop people using the pathway at a point in the last 20 years

·         Previous cases had evidenced that public footpaths could not end at a cul-de-sac.

·         That user evidence had not been reported correctly and that as the landowners they should not have to foot the bill for repairs.

The Countryside Access Officer introduced the report stating that recent legal advice was that public footpaths could end in cul-de-sacs, that none of the users remember a barbed wire fence across the footpath especially one that infringed their ability to use the footpath, and that the legal advice on which to consider the application was attached at Annex B of the report.

Member discussion: Key points:

1.    It was a difficult application as there was diverging opinion on the evidence, and members could understand the viewpoints of both the applicant and the landowners. But overall the members were in support of the officer recommendation especially as there was a 6 week consultation period where objections could be received and assessed.

The Members voted on the officer recommendation, the result of which was 12 for the recommendation, 2 against and 1 abstention.

The Local Committee (Waverley) agreed that:

(i)      Public Footpath rights be recognised over the route shown B – C – D - E on drawing no. 3/1/3/H13a and that a Map Modification Order be made under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement. The route would be known as Public Footpath No. 602,Busbridge.

(ii)      If objections are maintained to such an order, it would be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation.

(iii)     Public Footpath rights are not recognised over the route shown A – B on drawing no. 3/1/3/H13a and as such no Map Modification Order be made.

Reasons for decision:

The evidence submitted in support of the application was considered insufficient to

prove that public rights are established over A – B but sufficient to establish that

public footpath rights are reasonably alleged to subsist over B – C – D - E, having

been acquired under both statutory presumed dedication (under s.31(6) of the

Highways Act 1980) and common law. It was considered that the landowners have not taken sufficient actions to demonstrate their lack of intention to dedicate the section B – C – D – E during the relevant period. Therefore,  ...  view the full minutes text for item 9