Agenda item

An investigation and subsequent recommendation regarding a claim made under the Wildlife and Countryside Act that a path between Public Footpath 165 Bramley and Public Footpath 166 Busbridge, across Winkworth arboretum (a National Trust property) should be recorded on the Definitive Map and Statement as a Public Footpath by virtue of long use by the public.

Declarations of Interest: The following members declared an interest at Item 3, declaring that they were members of the Ramblers Association:

Mr Stephen Spence

Mr Peter Martin

Mrs Victoria Young

Cllr Maurice Byham

Cllr Denis Leigh.

Officer in attendance: Catherine Valiant, SCC Countryside Access Officer.

Petitions, Public Questions/Statements: None.

No one registered to speak against the application in advance of the meeting.

Member discussion – key points:

Members said it was a very good report.  Some members had walked the footpath over many years.

The Local Committee (Waverley) resolved to AGREE that:

(i)            Public Footpath rights are recognised over the route A-B on Drawing No. 3/1/13/H16, Annex Hand that an MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 be made to modify the Definitive Map and Statement for Surrey.  The route will be known as Public Footpath No.559 (Busbridge), with a width of 1.5m.

(ii)           A MMO should be made and advertised to implement these changes. If objections are maintained to such an order, it will be submitted to the Secretary of State for Environment, Food and Rural Affairs for determination.

Reasons: The County Council has a duty under Section 53 of the Wildlife and Countryside Act 1981 (WCA1981) to modify the Definitive Map and Statement (DMS) if it discovers evidence which can be reasonably alleged to support a modification.

In this instance the evidence submitted in support of the application is considered sufficient to reasonably allege that public footpath rights subsist over the claimed route, having been acquired by virtue of use by the public on foot under statutory deemed dedication (under s.31 (6) of the Highways Act 1980), and at common law.