Decision details

A report was presented on an application for a public footpath from Ormerod Street to Gamble Road to be added to the definitive map and statement of Public Rights of Way, in accordance with File No. 804-557.

Details of the claim and the evidence relating to it, together with a summary of the law in relation to the continuous review of the definitive map and statement of public rights of way (in the form of Annex 'A') were presented as part of the report and by officers at the meeting.

The Committee was informed that there was some user evidence and insufficient action being taken by landowners. Taking all the evidence both modern and old into account the Committee considered on balance that a dedication in this matter may be deemed under S31 or inferred under common law and that an Order should be made and promoted to confirmation

Resolved:

1.  That the application for a public footpath from Ormerod Street to Gamble Road be added to the Definitive Map and Statement of Public Rights of Way, in accordance with File No. 804-557

2.  That an Order be made pursuant to Section 53(2)(b) and Section 53(3)(b) and Section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to add a public footpath from Ormerod Street to Gamble Road to the Definitive Map and Statement of Public Rights of Way as shown on the Committee Plan between points A-F

3.  That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation if necessary by submitting it to the Secretary of State.