Agenda item

A report was presented on an application for the upgrading of Footpath Nether Kellet 11 (Green Hill Lane) to Bridleway 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 and B.

Committee had not considered this application at their meeting in November 2021 because several user representations had been received following the publication of that agenda, which had not allowed officers to analyse the user evidence received and it had been:

Resolved: That the report be deferred to the next meeting to allow officers to consider the options of a Definitive Map Modification Order application for bridleway, or the creation of a bridleway, on Footpath Nether Kellet 11 (Green Hill Lane), as shown on the Committee plan attached to the agenda papers between points A-B.

This report included details of the user evidence submitted which had now been analysed by officers.

A site inspection had been carried out in June 2020.

Together with the maps and documents provided by the applicant, a variety of 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.

In relation to the safety concerns raised by the owners of Intack Farm, particularly in relation to the use of scramblers or motorcycles should bridleway rights be recorded along the route, it was clarified that this could not be take into account when determining whether public rights of way existed. However, if Committee agreed that bridleway rights existed along the application route, then the county council would work with the landowners to manage any misuse of the land.

Taking all the documentary evidence into account and noting how the route had been recorded on the old maps as set out in the report, it was suggested to Committee that there was insufficient evidence to infer dedication of additional public rights at Common Law.

Committee were reminded that when looking at the criteria for a deemed dedication under Section 31 of the Highways Act 1980, use of the route needed to be by the public 'as of right' (without force, secrecy or permission) and without interruption over a 20 year period immediately prior to the route being called into question.

It was reported that analysis of the user evidence concluded that there was no evidence of a continuous 20 year use by the public to deem dedication by either looking at the 20 year period from the date of the application (2000-2022) or from when the large stone blocks/boulders had been put in place (1971/2-1991/92).

When balancing the evidence received or discovered, Committee were advised that they may consider it reasonable to conclude, on the balance of probabilities, that the evidence was insufficient to show that bridleway rights did subsist, along the application route.

Taking all the evidence into account, Committee was recommended to reject the application and to not make an Order to record bridleway rights.

Resolved: That the application for the upgrading of Footpath Nether Kellet 11 (Green Hill Lane) to Bridleway be not accepted.