Decision

The Assistant Director authorise the Chief Legal Officer to make an order under 53(2)(b) of the Wildlife and Countryside Act 1981 in consequence of the discovery of evidence as provided for by Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a section of public footpath in the parish of Stanwix Rural as shown A-B-C-D and on the plan at Appendix 1.

If no objections are received to the made order the Assistant Director authorise the Chief Legal Officer to confirm the order. In the event that objections are received and not withdrawn, the matter will be referred to the Secretary of State for consideration.

Reasons for the decision

In determining these applications our role is to consider whether or not the available relevant evidence (including any evidence submitted by objectors) supports the claim made in the application and whether it is at least reasonable to allege that the right of way subsists. This involves assessing the evidence that the public has used a route as of right (without force, secrecy or permission) and without interruption for a period of 20 years or more. It is also important to establish that the landowner during that period has not sought to prevent the public use of the route.

In this case the 20 years uninterrupted use by the public is from August 2000 to August 2020 being taken backwards from the date the application was submitted.  49 of the users claimed to have used the path for a period of 20 years or more. 18 of those stating that they have used the path as regularly as every day and the path is still being used today.

Some of the users make reference to barriers being installed which, whilst reducing the usable width of the path, did not stop use on foot.  The barriers being action taken by the former Carlisle City Council to prevent use by horses and motorbikes.  A prohibitive traffic sign was also installed.

One of the users also makes reference to a wire fence that also restricted the useable width of the path but at no time did anyone try and obstruct usage of this path, they just wanted to stop the public from accessing their adjacent land.

The survey by Countryside Access Officers on 21 March 2024 found this barrier to be compliant with the current British Standard for accessible furniture (BS5709:2018) and the wire fence has been replaced with a domestic wooden panel fence.  

The user evidence produced shows that the claimed section of path has been used by a sufficient number of the public on foot for an uninterrupted period in excess of 20 years to satisfy the Council that a public footpath subsists or is reasonably alleged to subsist.

In order to negate an application a landowner or objector needs to provide evidence that the claimed route has not been used as a right of way.  For example, that the landowner stopped the public using the route by putting up notices or turning people away or maybe locked gates or obstructions were present which meant that the public could not physically walk along the path as claimed.

No evidence has been produced to negate the application.

Alternative options considered

The options considered are: -

a.       Not to make the Order, or

b.       To make the Order as requested.

The Council has a duty to investigate an application, to consider all relevant evidence available to it, and then to reach a conclusion.  It must, therefore, evaluate the application.  All the evidence must be weighed in the balance and any relevant legal principles applied to it.

Given the evidence that has been submitted, the Council has reached the conclusion as discussed above in paragraph 3.4 of this report and has recommended that the Definitive Map (DM) and Statement is modified in accordance with the application and the order made.