Agenda item - Application for a Definitive Map Modification Order - Stanmer Park

Joint Report of Strategic Director, Place and Resources (copy attached)

RESOLVED

1 That the Governance Committee declines to make an Order modifying  the Definitive Map and Statement of Public Rights of Way by adding a public footpath at Stanmer Park.

2 That the Governance Committee considers that, given the complexity of the case and the legal position, the matter would be better dealt with by the Secretary of State of Environment for Food and Rural Affairs.

43.1  The Committee considered a report of the Strategic Director Place and Strategic Director Resources concerning an application to make an Order modifying its Definitive Map and Statement of Public Rights of Way by adding a public footpath at Stanmer Park Brighton.

43.2   Councillor Kennedy thanked the officers for providing a comprehensive report and noted that it was a difficult decision to make. Councillor Kennedy asked that if the officer’s recommendation were agreed, what options would be available to the applicant. The Committee was advised that the applicant could appeal to the Secretary of State of Environment for Food and Rural Affairs for them.

43.3      Councillor Mitchell noted that there was no clear evidence of a right of way, and suggested that that could be because the area was a large open space and asked whether that issue had been taken into account. The Committee were advised that it had; a right to travel over an area could not be defined as a formal right of way.

43.4      Councillor A Norman stated that she was very familiar with Stanmer Park, and whilst the public visited a large area of the park she had never thought that it was a form public Right of Way.

43.5      The Committee considered the recommendation, and all councillors chose to abstain from voting. The Monitoring Officer stated that, in order for the Definitive Map and Statement of Public Rights of Way to be modified a positive vote would be required. Therefore, the recommendation in the report, not to modify, would be agreed. The Monitoring Officer stated that the Chair could have the casting vote. The Chair declined.

43.6      Councillor Mitchell asked whether the Committee could ask that the matter be passed to the Secretary of State for Environment, Food and Rural Affairs. The Monitoring Officer stated that the Committee could recommend that. Councillor Mitchell proposed that that course of action be followed and Councillor Randall agreed. The Committee voted on the proposal, and it was agreed that the Committee recommend that the matter be passed to the Secretary of State for Environment, Food and Rural Affairs.

43.7  RESOLVED -

(1) That the Governance Committee declines to make an Order modifying  the Definitive Map and Statement of Public Rights of Way by adding a public footpath at Stanmer Park.

(2) That the Governance Committee considers that, given the complexity of the case and the legal position, the matter would be better dealt with by the Secretary of State for Environment, Food and Rural Affairs.