Decision details

A report was presented on an application by Up Holland Parish Council, under Schedule 14 of the Wildlife and Countryside Act 1981, for a footpath to be added along Ayrefield Road past Ayrefield House to Footpath Up Holland 2 on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D, attached to the agenda papers.

David Goode pointed out two errors on the report:

·  Page 31 Recommendation (i) should read ...'for a footpath along Ayrefield Road…'

·  Page 73 first sentence under Landownership should read …'at the very western end of the route …'

A site inspection had been carried out on 18 September 2018.

The Committee noted that the map and documentary evidence examined supported the view that the route had existed since at least the late 19^th Century and that, until 2014, use of the route had been unchallenged.

It was advised that for the period 1994 to 2014, there was sufficient evidence of 'as of right' use of the route by the public between points A and D to raise a presumption of dedication.

Taking all the evidence into account, and on the balance of probabilities, it was suggested that the Committee may consider that the higher statutory test for dedication of a public right of way between points A to D could be satisfied.  In addition, Committee may also consider that the common law test for inference of dedication had been satisfied for the full extent of the route claimed.  Committee was therefore advised to accept the claim for the route marked A-B-C-D to be added to the Definitive Map and Statement as a public footpath and to promote the order to confirmation.

Resolved:

(i)  That the application for a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2, in accordance with File No. 804-600, be accepted.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981, to add a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2, on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D.

(iii)  That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.