Decision details

A report was presented on an application for the addition of a footpath from Wennington Road to Home Farm Close, Wray with Botton, on 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.

A typing error was pointed out to Committee on page 137 under 'Investigating Officer's comments which should have read ' The application route existed in the 1970's …..' and not the 1960's.

It was reported that the land crossed by the application route between point A and point B had been in the registered ownership of the owners of 32 Wennington Road since 2010. The land crossed by the application route between point B and point C had been in the registered ownership of Wray Parish Council (the applicants) since 2010.

A variety of maps, plans and other documents had been examined, in addition to user evidence forms, to discover when the route came into being, and to try to determine what its status may be.

The Committee noted that the owners of 32 Wennington Road had objected to the application and details of the objections were provided in the report.

The application route existed in the 1960's – as evidenced by the aerial photograph from that time – as part of a longer access road providing direct access to Home Farm. In addition, the application route was clearly shown on the Ordnance Survey map published in 1973, as part of the access road referred to in the 1970 Grant of Deed, and access appeared to have continued beyond point C, through Home Farm out to Main Street.

When residential properties were built on the farm site in the late 1990s, the original farm access track was re-routed to the alignment of Home Farm Close which was constructed as part of the development and included use of the private access road constructed following the private agreement made by Mrs Holt and the county council. The original access from point A was retained as a pedestrian link – as clearly specified in the grant of planning permission for the construction of 32 Wennington Road dated 1999 – and appears to have been accessible until its use was challenged in 2019.

Details of the evidence examined both in support of, and against, the making of an Order were provided to Committee.

Taking all of the evidence into account, the Committee were advised, on balance, that they may consider the provisions of Section 31 of the Highways Act 1980 could be satisfied. In addition, or in the alternative, Committee were advised they may also consider it could be reasonably alleged that there was sufficient evidence from which to infer dedication of a public footpath at common law.

Resolved:

(i)  That the application for the addition of a Footpath from Wennington Road to Home Farm Close, Wray with Botton, in accordance with File No. 804-620, be accepted.

(ii)  That an Order 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 a Footpath from Wennington Road to Home Farm Close, Wray with Botton on the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A-B-C.

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