Decision details

A report was presented on an application for the deletion of part of Bridleway 9 Winmarleigh, past Island House and shown on the Committee plan attached to the agenda papers between points A-B1-C-D-E-F, and the addition of a bridleway from a point on Bridleway 9 Winmarleigh, from Island House, to a further point on Bridleway 9 Winmarleigh, as shown on the Committee plan between points A-B2-G-H-I-J, on the Definitive Map and Statement of Public Rights of Way.

A site inspection had been carried out in March 2018.

The Committee noted that Island House had originally been a working farm but had now been redeveloped as a residential property with further properties built which were accessed from the bridleway. 

The Committee noted that no map or documentary evidence examined supported the view that two parallel routes existed or had existed in the past, or that the route had moved or been altered either legally (by a diversion or dedication) or informally.

Taking all the available map and documentary evidence into consideration, it was considered that the route to be deleted had been wrongly recorded and that the route of the bridleway was that shown on various Ordnance Survey maps and described in the parish survey card passing through the cobbled farmyard at Shaw's Farm (the route to be added) and not the route to be deleted. 

Resolved:

(i)  That the application to delete part of Bridleway 9 Winmarleigh through Island House, in accordance with File No. 804-595, be accepted.

(ii)  That the application to add a bridleway from a point on Bridleway 9 Winmarleigh passing through Island House to a further point on Bridleway 9 Winmarleigh, in accordance with File No. 804-595, be accepted.

(iii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53(3)(c)(iii) of the Wildlife and Countryside Act 1981 to delete from the Definitive Map and Statement of Public Rights of Way part of Public Bridleway No. 9 Winmarleigh through Island House, shown between points A-B1-C-D-E-F on the Committee plan.

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

(v)  That an Order 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 to the Definitive Map and Statement of Public Rights of Way a public bridleway from a point on Public Bridleway 9 Winmarleigh to a further point on Public Bridleway 9 Winmarleigh as shown on the Committee Plan between points A-B2-G-H-I-J.

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