Agenda and minutes

(1)       The Panel Members visited the site prior to the meeting. This visit was also attended by Mr T Prater (applicant) and by Mr T Boxell (landowner).

(2)       The Countryside Access Principal Case Officer set out the legal tests for the application.  Section 53 of the Wildlife and Countryside Act 1981 enabled the County Council to add a route to the Definite Map and Statement when it had evidence to show that a public right of way either subsisted or was reasonably alleged to subsist.

(3)       Section 31 of the Highways Act 1980 stated that in order for the land in question to be dedicated as a public footpath, it needed to have been actually enjoyed by the public as of right and without interruption for a full period of 20 years unless there was sufficient evidence that there was no intention during that period to dedicate it.   The qualifying period for this application was from 1988 to 2008, which was the year that the landowner had erected barbed wire fencing around the perimeter of the land.

(4)       The Countryside Access Principal Case Officer then said that there was also a Common Law provision if it could be demonstrated that the public had used the route for so long and in such a manner that the landowner must have been aware that that the public were acting in the belief that the right of way had been dedicated but had taken no steps to disabuse them.  He explained that the word “disabuse” meant informing the public that they had no such right.  This could be done verbally or through the erection of notices and fences.

(5)       The Definitive Map Team Leader set out the documentary evidence she had examined in order to fully investigate the application.  This consisted of the Tithe Maps (@ 1840), The First Edition Ordnance Survey Map and book of Reference (@ 1860), the Finance Act 1910 and Valuer’s Field Book,  Borough Maps and Draft Maps, the Provisional Maps for Hythe and Folkestone, the Definitive Map (1952), the Draft Revised Map (1970), the Definitive Map (1987), Ordnance Survey Maps, and numerous aerial photographs.  None of these documents had been of any assistance as they did not record the claimed route.

(6)       The Definitive Map Team Leader said she had consulted Shepway DC, Folkestone TC,   Local District Councillors (except for Mr Prater, the applicant), the Ramblers’ Association, the Open Spaces Society and the British Horse Society.  None of these had replied except for the Open Spaces Society, who strongly supported the claim on the grounds that the area had been walked for many years by local people and others.

(7)       The Definitive Map Team Leader went on to summarise the content of the 14 user evidence forms.  These had set out their various reasons for use and the frequency. They also referred to the natural obstructions and the clearance of the land by the landowners in 2006 when new drainage ditches had been installed.  Despite the appearance  ...  view the full minutes text for item 14.