Purpose

Decision Taken

Following an application submitted to the council in November 2021
by the British Horse Society (BHS) for an Order under section 53(2)
of the Wildlife and Countryside Act 1981 (“the 1981
Act”) to re-classify Footpath 24 to a restricted byway, a
decision has been made to confirm the re-classification of said
Footpath 24 to a Restricted Byway.

This will require the publication of the Section 53(2) order
followed by the amendments to the definitive Rights of Way
statement and Map and this will be processed in the next 8 - 12
weeks (subject to receipt of any objections)

Reasons for Decision

The application made to the council in November 2021 was submitted
by the BHS on the basis of the discovery of evidence demonstrating
the route should have the status of a Restricted Byway.

The route is known as Green Lane, and is currently shown as a
Footpath (from its junction with Garrison Lane Chessington at Ordnance Survey grid reference TQ
184 634 to its junction with Chalky Lane at grid reference TQ 179
623). This is recorded on the current Definitive Map and Statement
held by the Council under Part 3 of the 1981 Act.

The application made by BHS must be considered by the Council in
accordance with section 53(3)(c)(ii) of the 1981 Act, and the
Council must assess whether the evidence discovered together with
all other evidence available to the Council shows on a balance of
probability that the route should be a public right of way with the
character of a Restricted Byway rather than a Footpath.

The evidence submitted to the Council provided a series of publicly
produced maps from 1816 to the present day, which indicated that
the route has had the character of a roadway open to all
non motorised traffic throughout that
period.

The council has no rebuttal evidence or challenge to the
application that has been made. Green Lane is a through route
capable of being used by pedestrians, horse-riders and
non-mechanical vehicles in accordance with the definition of a
restricted byway. In the absence of any rebuttal evidence or
challenge, in law, there is no discretion and the council is
obliged to agree to the redefinition.

Historically barriers have been erected by the Council to prevent
vehicular access as the adjacent land has been used for
fly-tipping, but the barriers do not negate any established highway
rights.

The Term “restricted byway” was created by the
Countryside and Rights of Way Act 2000 (“the 2000 Act”)
in place of a former definition “road normally used as a
public path”. Under section 48(4) of the 2000 Act a
restricted byway is one over which there is a public right of way
on foot, on horseback or leading a horse and with vehicles other
than mechanically propelled vehicles. There is also a right to
drive animals.