Agenda item

To decide whether Public Footpath rights are recognised over the route in question.

Resolved that:

(i)            Public Footpath rights are recognised over the route A-B-C-D-E on Drawing

No 3/1/18/H85 (Annexe H of the report) and that a Map Modification Order 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.300 (Farnham).

(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.

Reasons

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 submitted in support of the application was considered sufficient to establish that public footpath rights are reasonably alleged to subsist over a route, having been acquired by virtue of public use under statutory presumed dedication (under s.31(1) of the Highways Act 1980). Evidence suggests that landowners have not sufficiently challenged users or taken sufficient actions to demonstrate their lack of intention to

dedicate during the relevant period.

No members of the public had registered to speak on this item.

The Countryside Access Officer reminded the committee that it could only consider evidence relating to the historical route described in the report.  The recent planning history of the site and the intention of the developer to provide footpaths in the future were not relevant to the decision to be made.

Ms D Le Gal explained that, although a current user of the field, she was unable to comment on the situation during the 20-year period in question and sought clarification on the evidence for the route proposed in the report.  It was pointed out that the route was supported by user evidence forms.

Mr S Mulliner questioned the judgement that, even if the landowner had sought to prevent access and any barriers had been subsequently removed, rights can be established by users who have not themselves damaged or removed the obstacles.  The Countryside Access Officer acknowledged that a conflict existed, but had made her recommendation on the basis of the number of users and the nature of the landowner’s attempts to stop their access.

When put to the vote, the recommendations were agreed by 13 votes to nil, with one abstention.

Resolved that:

(i)            Public Footpath rights are recognised over the route A-B-C-D-E on Drawing

No 3/1/18/H85 (Annexe H of the report) and that a Map Modification Order 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.300 (Farnham).

(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.

Reasons

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 submitted in support of the application was considered sufficient to establish that public footpath rights are reasonably alleged to subsist over a route, having been acquired by virtue of public use under statutory presumed dedication (under s.31(1) of the Highways Act 1980). Evidence suggests that landowners have not sufficiently challenged users or taken sufficient actions to demonstrate their lack of intention to

dedicate during the relevant period.