Agenda item

To decide whether Public Bridleway rights are recognised over the route A-B on Drawing No.3/1/10/H29 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 Bridleway rights are recognised over the route A-B on Drawing No 3/1/10/H29 (Annexe A) and that an 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 Bridleway No.587 (Frensham).

(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 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 supports a modification.  In this instance the evidence submitted in support of the application is considered sufficient to establish that public bridleway rights are reasonably alleged to subsist over part of the claimed route, having been acquired by virtue of bicycle use under both statutory presumed dedication (under s.31(6) of the Highways Act 1980) and common law. Evidence suggests that landowners have not challenged users or taken sufficient actions to demonstrate their lack of intention to dedicate during the relevant period.

Mr D Harmer, as divisional county councillor, found the evidence very strong and supported the application on these grounds.

Resolved that

(i)            Public Bridleway rights are recognised over the route A-B on Drawing No 3/1/10/H29 (Annexe A) and that an 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 Bridleway No.587 (Frensham).

(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 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 supports a modification.  In this instance the evidence submitted in support of the application is considered sufficient to establish that public bridleway rights are reasonably alleged to subsist over part of the claimed route, having been acquired by virtue of bicycle use under both statutory presumed dedication (under s.31(6) of the Highways Act 1980) and common law. Evidence suggests that landowners have not challenged users or taken sufficient actions to demonstrate their lack of intention to dedicate during the relevant period.