Decision details

A report was presented on an application for the addition of a footpath from Main Street to Home Farm Close to the Definitive Map and Statement of Public Rights of Way, as shown on the Committee Plan attached to the agenda papers between points A-B-C-D-E.

Committee were informed that Home Farm had been incorrectly spelt as 'Holme Farm' on the first 2 pages of the report. In addition, on the fifth line of the third paragraph on page 147, the word 'dedication' should have read 'declaration'.

A site inspection had been carried out in March 2023.

Various maps, plans and other documents had been examined to discover when the route came into being, and to try to determine what its status may be.

Taking all the information and evidence into account, it was suggested to Committee that, given the use of the route from 1984-2004 without effective interruption, and without sufficient evidence of actions taken by the owner, there was sufficient evidence from which to reasonably allege that a footpath had come into being and that an Order be made. It was advised that this matter would then be returned to Committee to decide on the stance for confirmation.

The Officer answered questions from Committee and clarified the process in relation to Recommendation (iii) in the Committee report.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a Footpath from Main Street to Home Farm Close, Wray with Botton be accepted.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section  53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way a Footpath from Main Street to Home Farm Close as shown on the Committee Plan between points A-B-C-D-E.

(iii)  That not being satisfied that the higher test for confirmation can be met following the order making and notice period and further consideration by officers the matter be returned to Committee to decide what stance to take regarding confirmation.