Agenda item

The Panel considered a report from the Director of Corporate Services of the Wildlife and Countryside Act 1981 Section 53 for an application for an alleged Public Footpath from Fradswell Lane to FP0.1410 (A) Fradswell.

The report was presented verbally to take Members through the various legal documentary and historical evidence relevant to the application. The Director also made reference to case law which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality. During their consideration of the application, Members had regard to the Appendices attached to the report including;

• S53 Application Form
• Plan of claimed route
• Proposed Staffordshire and North Midland Junction Railway Plan and Record Book
• Fradwell Tithe Map and Award
• Ordnance survey maps (1879, 1836-40, 1901)
• Byways and Bridleway Trust Letter
• Landowner Evidence Form
• Landowner comments and SCC responses on report consultation

The Panel decided that the available evidence was sufficient to conclude that a Public Footpath, which was not currently shown on the Definitive Map and Statement, subsisted along the claimed route.

Decided – That:

(a) the evidence submitted by the applicant was sufficient to show the Public Footpath may be Reasonably Alleged to subsist along the route from Fradswell Lane to FP0.1410 (A) Fradswell on the Plan submitted to the report.

(b) an Order be made to add the right of way shown marked from Fradswell Lane to FP0.1410 (A) Fradswell on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way for the Borough of Stafford.