Agenda item

Alexandra Griffin spoke on behalf of Mr and Mrs Fletcher in objection to the Order.

Francis Sheppard and Richard Pagett spoke in support of the Order.

Cllr Greenaway, Purton Parish Council, spoke in support of the Order.

The Rights of Way Officer presented the report which recommended that “The Wiltshire Council (Parish of Purton) Path No.161 Definitive Map and Statement Modification Order 2014”, be forwarded to the Secretary of State for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification. The officer explained an application to add the footpath to the definitive map and statement of public rights of way had been received in 2002. In 2014 a definitive map modification order was made to add the footpath to the definitive map and statement of public rights of way, however objections were received and, consequently, the order would fall to be determined by the Secretary of State. Photographs of the route and its access where shown.

The Committee then had the opportunity to ask technical questions and it was confirmed that there were no other footpaths leading from the southern section of Hoggs lane, which formed a link to the further rights of way network.

Members of the public then addressed the Committee as detailed above.

Following statements from the public, the officer confirmed that in this instance there was no evidence to suggest the landowner had granted permission for the public to use the land. The period of time when the footpath had not been used due to the Foot and Mouth crisis  could not be taken into consideration, nor could the Committee consider the current or future use of the land.

In the debate that followed, the Committee commented there was no evidence to suggest that public use of the land as a footpath had been detrimental to the landowner and it was clear the path had been used for a long period of time. Members commented that use by irresponsible dog owners was unfortunate. The Committee considered the options presented in the report and, based on its consideration of the available evidence, supported the making of the Order and therefore recommended it be confirmed without modification

Resolved:

To forward “The Wiltshire Council (Parish of Purton) Path No.161 Definitive Map and Statement Modification Order 2014” to the Secretary of State for determination, with a recommendation from Wiltshire Council that the Order be confirmed without modification.

Reason:

The Order has been made on the grounds that there is sufficient evidence for it to be reasonably alleged that a right of way for the public on foot subsists, on the balance of probabilities. Following the making and advertising of the making of the Order, no further evidence has been submitted which would change this view. At the confirmation of an Order there is a more stringent legal test than the “reasonably alleged” test which is sufficient at the making of the Order. The test is whether public rights subsist on the balance of probabilities. It is considered that since the making of the Order, additional evidence has been provided sufficient to satisfy the more stringent test and therefore the Order appears capable of confirmation.