Issue - meetings

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details an application that has been received to modify the definitive map and statement for Stockport under section 53 of the Wildlife and Countryside Act 1981 by upgrading part of footpath 30 Bredbury & Romiley to a bridleway. 

The matter was deferred by the Werneth Area Committee on 8 December 2014 pending a re-evaluation of the evidence submitted as part of the original application and the process by which this material was assessed. as there was insufficient information to properly consider the issue.

It is recommended that:

(i)            The Committee resolve to make a modification order to upgrade footpath 30 Bredbury & Romiley to a bridleway.

(ii)          In the event that no objections are received to the order, or that any objections are withdrawn, the order be confirmed. In the event that objections are received, and sustained, the order be submitted to the Secretary of State for confirmation.

Officer contact: Thomas Purcell on 0161 218 1555 or email: thomas.purcell@stockport.gov.uk

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) detailing an application that had been received to modify the definitive map and statement for Stockport under section 53 of the Wildlife and Countryside Act 1981 by upgrading part of footpath 30 Bredbury & Romiley to a bridleway.

RESOLVED – (1) That approval be given to the making and legal advertising of an Order under Section 53 of the Wildlife and Countryside Act 1981 to upgrade to a bridleway part of Footpath 30 Bredbury & Romiley between points A – B – C – D as shown on the map at Appendix 1 to the report.

(2) That subject to the receipt of no objections, or to the withdrawal of any such objections to the proposed Order, the Order be confirmed or else referred to the Secretary of State for confirmation.

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details an application that has been received to modify the definitive map and statement for Stockport under section 53 of the Wildlife and Countryside Act 1981 by upgrading part of footpath 30 Bredbury & Romiley to a bridleway. 

The Area Committee is recommended not to make an Order under section 53 to upgrade the route from Moadlock to Guywood Lane shown as a solid red line on the plan in Appendix 1 by virtue of their being  insufficient evidence to raise the presumption of dedication.

Officer contact: Thomas Purcell on 0161 218 1555 or email: thomas.purcell@stockport.gov.uk

A representative of the Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) detailing an application that had been received to modify the Definitive Map and Statement for Stockport under Section 53 of the Wildlife and Countryside Act 1981 by upgrading part of Footpath 30 Bredbury & Romiley to a bridleway.

A member of the public expressed the view that the report as submitted failed to sufficiently explore the facts of the application with specific concerns being made regarding the lack of any map research; the omission of a full description of the route claimed; a failure to fully assess the 21 evidence forms submitted in support of the application; the lack of acknowledgement of a request on the part of the Authority not to submit additional evidence to support the claim; and a failure to respond to requests from members of the public for telephone interviews as part of the Authority’s investigation.

The Area Committee considered advice received from the Council’s Legal Services department cautioning against the deferral of this matter on the basis that a fresh application should be submitted were the Area Committee concerned that there was additional evidence that could be submitted that may support the dedication of the bridleway and that otherwise the application should be determined on its merits.   However, the Area Committee was of the view that in the light of the concerns raised in relation to the robustness of the process by which this application had been assessed that it was reasonable for a deferral to be considered to allow the Corporate Director for Place Management & Regeneration to investigate the issues raised by the parties to the application.

It was then

RESOLVED – That consideration of this item be deferred to a future meeting of the Area Committee pending a re-evaluation of the evidence submitted as part of the original application and the process by which this material was assessed.