Agenda item

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 can be reasonably alleged to support a modification. An application was received for a Map Modification Order (MMO) to add public bridleways between Low Lane (C121), Farnham and Public Bridleway 348 (Tongham) known as The Moors, to the Surrey County Council Definitive Map and Statement (DMS).

Officers:

Daniel Williams, Countryside Access Officer

Speakers:

Mark Dixon, made representation in objection to the application. The following key points were made:

·        Clients he is representing own the field shown hatched in green and marked number one on drawing H93.

·        The field was actively cropped during the 1990s.

·        Field has been securely fenced and gated since 2009 and remains so today.

·         Many of the user evidence forms lodged with the council do assert access to and trespass over client lands.

·        Have scrutinised the 20 user evidence forms, evidence should be discredited as land was being actively farmed and had been fenced during periods users say they were using alleged routes.

·        Fully support officer professional opinion that no public rights of way or bridleway exists over the land in question.

·        If a map modification order is made, clients will still object to alleged routes and will ask matter to be referred to Secretary of State for consideration.

Caroline Amond, the applicant, raised the following key points:

·        Supported the application and stated that is was a shame that the county council did not support the application being considered.

·        Access to route has changed over the years as obstacles have been encountered.

·        Have lived in the village for 30 years and Low Lane for 5 years and have accessed route across the field with horses, horse drawn carriages and by foot.

·        Bridleways cross many areas i.e. Thursley Common but it is a shame there is nothing locally for local riders.

·        Would support safe off road riding routes as these are desperately needed as the network is being eroded and both horses and riders are in danger of possible fatality.

·        Approval of this application would support gap between Christmas Pie route through to Tongham and then to Crooksbury Common.

Key points raised during the discussion:

1.    The report was introduced by the Countryside Access Officer who explained that Surrey 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 can be reasonably alleged to support a modification. An application was received in October 2013 for a Map Modification Order (MMO) to add several public bridleways between Low Lane (Farnham) and The Moors (Tongham) to the Surrey County Council DMS. Evidence regarding the alleged public bridleways was gathered through a number of sources including public user evidence forms and local consultations. The officer was of the view that that no public bridleway, nor a public right of way of any other kind can reasonably be alleged to subsist over the route(s).

2.    The Vice-Chairman stated that he supported public access but agreed with the officer recommendation that there was not enough evidence to support the establishment off a public right of way or bridleway over the land in question. The Vice Chairman further added that he had asked officers to go back out to public consultation but no further information regarding the application was gathered as a result of this.

RESOLVED:

The Planning and Regulatory Committee unanimously agreed that,

i.           No public rights are recognised over any of the routes shown on Drawings Nos. 3/1/18/H93 or H93A and that the application for a MMO under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the DMS by the addition of a public bridleway be refused.

ii.          If the Authority is directed by the Secretary of State to make a MMO after it has decided not to do so and objections are made which result in a Public Inquiry being held, the authority adopt a neutral stance.