Agenda item

To decide whether Public Footpath rights are recognised over the route shown A – B – C – D – E - F on Drawing No. 3/1/11/H10 and whether a Map Modification Order should be made under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement.

Resolved that:

(i)            Public Footpath rights are recognised over the route shown A – B – C – D – E - F on Drg. No. 3/1/11/H10 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. The route will be known as Public Footpath No. 578, Hambledon.

(ii)           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.

Reason

The evidence submitted in support of the application is considered sufficient to establish that public footpath rights are reasonably alleged to subsist, having been acquired under both statutory presumed dedication (under s.31(6) of the Highways Act 1980) and common law. It is considered that action taken by landowners have not challenged users or taken sufficient actions to demonstrate their lack of intention to dedicate during the relevant period. 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.

The following made representations in support of the application:

·         Ms J Steele: “With reference to the hearing on Friday 11 December: I have walked in this area since 1987 and have never been stopped or challenged or denied access while doing this.  If this footpath were accepted, Hambledon Heritage Society plan to publish a leaflet pointing out the flora, fauna and local history of the route.”

·         Dr D T H Williams (Miss A Monk read the statement as the nominated deputy):  “I am a medical doctor. I have lived in Hambledon GU84HD since 1974. From 1974 to 2000 I was a General Medical Practitioner in Chiddingfold. In the year 1977 for the next ten years I regularly rode ponies through the whole wooded area locally known as “The Hurst”, between Hambledon Village, the Redland Nutbourne Brickwork and Northbridge, Chiddingfold, in company with Mr R Ball (butcher, deceased) of Lincolns Hill, Chiddingfold. We rode on what I recognize as the bridle paths marked on the map. We also rode other paths visible at the time. I particularly remember the section, which, if proceeding North, has a curved scarp slope on the right descending steeply to the lake on the left below. This area is traversed by gullies and culverts draining to the river.  In the 1980s I rode this area with Mr R Marston – at the time Bursar of King Edward’s School, Witley.  I/We were never challenged on our rides. Nor did we see any signs restricting access to any ride or path that we took.”

·         Mr T Coleman (Miss A Monk read the statement as the nominated deputy):  “I was born in Hambledon and have lived here for nearly all my life . from the age of about 10 I have walked many of the paths through the Hurst including the one outlined by Audrey I have never been challenged walking this path and have never seen a private or no right of way notice along here.”  

One objector had registered to speak but was absent from the meeting; the applicant was therefore not permitted to address the committee.

There was some discussion as to whether there was sufficient evidence to establish public bridleway rights over the route under consideration.  The Senior Countryside Access Officer explained that the threshold of evidence was subject to case law and, in this case, it was her view that this had not been reached.  However, it would be possible in the future to consider public bridleway rights if further evidence became available.

Resolved that:

(i)            Public Footpath rights are recognised over the route shown A – B – C – D – E - F on Drg. No. 3/1/11/H10 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. The route will be known as Public Footpath No. 578, Hambledon.

(ii)           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.

Reason

The evidence submitted in support of the application is considered sufficient to establish that public footpath rights are reasonably alleged to subsist, having been acquired under both statutory presumed dedication (under s.31(6) of the Highways Act 1980) and common law. It is considered that action taken by landowners have not challenged users or taken sufficient actions to demonstrate their lack of intention to dedicate during the relevant period. 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.

[Mr A and Mrs V Young joined the meeting at this point.]