Decision details

Purpose of report: DMMO has been received to add a footpath to the definitive map.

Members are asked to: The Executive Member will be required to consider the evidence received and asked to follow the officer's recommendation, based on the evidence received to date, and make the order.

RESOLVED:       i) That the Executive Member agrees that public rights are reasonably alleged to exist;

      ii)  The Executive Member resolves that

(a)The Director of City Strategy be authorised to instruct the Head of Legal Services to make a Definitive Map Modification Order to add a public footpath, along the route A – B on Plan 1 attached at page 12 of the report, to the Definitive Map;

 (b) If no objections are received, or any objections that are received, are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order made in accordance with (a) above; or

(c)If any objections are received, and not subsequently withdrawn, the Order be passed to the Secretary of State for confirmation.

REASON:                  All the available relevant evidence suggests that this has probably never been a heavily used path, but that it is nonetheless a public right of way, which has been subject to use from the mid Nineteenth Century until the latter part of the Twentieth Century. As there is evidence in support of the existence of a public right of way over the application route the authority is required to make the order under the provisions of the Wildlife and Countryside Act 1981, Section 53(3)(c)(i).