Agenda item - Rights of Way Definitive Map Modification Order

1.    The Legal Officer introduced the application to the committee.

Speakers

2.    David Carr addressed the committee as the objecting landowner and stated that they could not comment on historical maps, however there were lots of paths and bridleways in use. If granted, the path would cut directly across a field disturbing the agriculture. It would be better to continue going around the field, which is safer as it is outside the boundary fence. There were plenty of footpaths in the area.

3.    David Brookshaw addressed the committee as the applicant and stated that the old drove way gave access to the South Downs. The short section under review has been ploughed out. The maps show a bridleway with exceptional views in all directions. They noted the legal officer supported the application, as well as other local access societies. The committee were asked to support the application.

Answers to Committee Member Questions

4.    Councillor Shanks was informed that the if approved the council would work with the landowner on the way forward and any objections would go to The Secretary of State.

5.    Councillor Sheard was informed that the pathway followed the administrative boundary.

6.    Councillor Nann was informed that the all the old maps were looked at. It was noted that once a highway, always a highway.

7.    Councillor Galvin was informed that the application should be decided on evidence.

8.    Councillor Robinson was informed that by the landowner that in their lifetime there had never been a footpath in the position. The applicant noted that pathways can be ploughed out, however, they need to be replaced within 10 days.

9.    Councillor Theobald was informed that it was not relevant if there was livestock currently in the field.

10. Councillor Winder was informed that each application was looked at on its own merits.

Debate

11. Councillor Earthey stated they supported the application and considered the route to be logical. A fence or gate may be needed, and any obstructions should be cleared away.

12. Councillor Shanks considered it was important to protect rights of way. The councillor supported the application.

13. Councillor Sheard found the history interesting and noted that old routes often formed farm boundaries. It was noted that the old maps show the route of the path, and the zigzag route appeared to be newer. The councillor supported the application.

14. Councillor Theobald considered it was a shame the pathway would cut across the field and cattle, or sheep could be a problem. It was noted there were plenty of rights of way already.

15. Councillor Nann considered that it had been proven to exist.

16.Councillor Loughran supported the evidence of this in principle decision.

Vote

17. A vote was taken, and by 8 to 2 the committee agreed to recommendations. 

18. RESOLVED: That Committee resolves a Definitive Map Modification Order, under Section 53(2) in consequence of an event specified in sub-section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 to add a bridleway to the Definitive Map and Statement for Brighton between the T-junction of the route known as Upper Bannings Road and Tenant Hill, northwards across the field and ending at a T-junction with an existing bridleway, on the boundary of Telscombe Tye, should be made.