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Chris WILDLIFE and COUNTRYSIDE ACT 1981 SECTION 53 APPLICATION for DEFINITIVE MAP MODIFICATION ORDER to DELETE DRAYTON FOOTPATH

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Chris WILDLIFE and COUNTRYSIDE ACT 1981 SECTION 53 APPLICATION for DEFINITIVE MAP MODIFICATION ORDER to DELETE DRAYTON FOOTPATH chris WILDLIFE AND COUNTRYSIDE ACT 1981 SECTION 53 APPLICATION FOR DEFINITIVE MAP MODIFICATION ORDER TO DELETE DRAYTON FOOTPATH 24 (part) AND ADD THE ROUTE BETWEEN SU 4861 9547 AND SU 4898 9559 (DRAYTON) AND BETWEEN SU 4898 9559 AND SU 4903 9558 (ABINGDON) AS A PUBLIC FOOTPATH TO THE DEFINITIVE MAP AND STATEMENT FOR OXFORDSHIRE PARISHES OF DRAYTON AND ABINGDON DRAFT DETERMINATION REPORT REF: 03093 1 CONTENTS Section Page A: Purpose of Report … … 3 B: Draft Recommendation … … 3 C: Details of Application … … 3 D: Legal Background … … 4 E: Description of Route … … 4 F: Land Ownership … … 4 G: Site Inspections … … 4 H: Documentary Evidence … … 5 I: Definitive Maps and Statements for the former North Berkshire and Oxfordshire … … 13 J: User Evidence … … 16 K: Previous Wildlife And Countryside Act 1981 application … 16 L: Consultation … … 17 M: Discussion and Draft Conclusions … … 19 N: Widths … … 22 O: Limitations … … 22 APPENDICES … … 23 2 A PURPOSE OF REPORT 1. The Purpose of this report is to determine whether there is merit to an application submitted by Nicholas Moon on behalf of the Oxford Fieldpaths’ Society pursuant to section 53(5) of the Wildlife and Countryside Act 1981 to: - • Vary the particulars relating to Drayton Footpath No 24 by providing that it runs from point A on the plan at Appendix 1, via point C, to point D; and • Record a public footpath running from point D, via point E to point F (at its junction with Abingdon Footpath No 3). 2. The Council is under a statutory duty to address such applications in accordance with the provisions of the Wildlife and Countryside Act 1981 section 53 and schedule 14. It must make a decision about the existence of public rights based on the evidence before it and must have no regard to other matters such as whether the route is needed or has other potential implications. B DRAFT RECOMMENDATION 3. All evidence available to the Council has been considered and evaluated and it is considered that: - I. There is sufficient evidence to support the application in part, and II. That a Definitive Map Modification Order be made pursuant to the provisions of Section 53(2)(b) of the Wildlife and Countryside Act 1981, in in consequence of an event specified under s53(3)(c)(i) to add a route as a public footpath, and III. That the above Order amends the route of Public Footpath No 24 in the parish of Drayton in consequence of events specified under s53(3)(c)(i) and (iii) C DETAILS OF APPLICATION 4. On 8 July 2013, Nicholas Moon, on behalf of the Oxford Fieldpaths’ Society, submitted an application in accordance with the Wildlife and Countryside Act 1981 section 53(5) to modify the Council’s Definitive Map and Statement by deleting that section of Drayton Footpath No 24 which runs between point A and point B on the plan at Appendix 1, and adding a public footpath, in Drayton Parish from point A, via point C and point D to the boundary with Abingdon Parish; thence via point E to point F (at its junction with Abingdon Footpath No 3). 5. A copy of the application is at Appendix 2a (form) and Appendix 2b (plan). 6. The application was supported by the following documentary evidence: - (i) The Sutton Courtenay Inclosure Award and Map 1804 (ii) Ordnance Survey 2nd Edition 1:2,500 map published in 1889 (iii) Ordnance Survey 3rd Edition 1:2,500 map published in 1912 (iv) Ordnance Survey Popular Edition One Inch Sheet map 105 published in 1926 (v) Ordnance Survey Oxford District One Inch map published in 1931 (vi) Parish Claim Survey and appended plan early 1950s (vii) Black and white photocopy of extract for Drayton of 1st edition of Berkshire Definitive Map published in 1956, and 3 (viii) Definitive Statement for Drayton, to accompany vii D LEGAL BACKGROUND 7. The relevant statutory provisions which apply to adding a path to the Definitive Map and Statement are contained in the Wildlife and Countryside Act 1981 Section 53(3)(c)(i) which requires the Council, as the Surveying Authority, to modify the Definitive Map and Statement following: - “the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows that a right of way which is not in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way to which this Part applies." 8. The relevant statutory provisions which apply to amending the route of a path on the Definitive Map and Statement are contained in the Wildlife and Countryside Act 1981 section 53(3)(c)(iii) which requires the Council to modify the Definitive Map and Statement following: - “the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification. E DESCRIPTION OF ROUTE 9. In accordance with this application, the section of path to be removed from the Definitive Map and Statement is shown by a solid black line (A to B) and the route to be added is shown as a broken black line (A – C – D – E – F) on the plan attached at Appendix 1. F LAND OWNERSHIP 10. The applicant served formal Notice of the application on the occupants of the following properties: - I. Stonehill House, Drayton, Abingdon. OX14 4AA. II. Abbey House, Abbey Close, Abingdon. OX14 3JE. 11. A search of the Land Registry has been undertaken. This indicates that the Application Routes pass over two land parcels. The address details of the landowners shown by this Land Registry search are outlined in the table below. Title Number Proprietors Addresses Stonehill House, Stonehill, Drayton, ON177227 Anthea Eno1 Abingdon, Oxfordshire OX14 4AA Vale of White Horse 135 Eastern Avenue, Milton Park, Milton, ON324020 District Council Abingdon OX14 4SB G SITE INSPECTIONS 12. Two inspections have been undertaken; the first in 2013 following receipt of the application and a second at a meeting with the owner of Stonehill House in 2019 which is considered later in this report. 1 Ms Eno contacted us using the surname Norman-Taylor (as shown at e.g. paragraph 113 et seq.). 4 13. The first inspection was carried out on 13 December 2013. A note of the inspection, together with the photographs taken, is at Appendix 3. 14. The second inspection was carried out on 21 October 2019. The photographs taken are at Appendix 4. H DOCUMENTARY EVIDENCE 15. The Highways Act 1980, section 32 sets out how any court or other tribunal, before determining whether a way has or has not been dedicated as a highway, or the date on which such dedication, if any, took place, shall take into consideration any map, plan or history of the locality or other relevant document which is tendered in evidence, and shall give such weight thereto as the court or tribunal considers justified by the circumstances, including the antiquity of the tendered document, the status of the person by whom and the purpose for which it was compiled, and the custody in which it has been kept and from which it is produced. 16. A list of the documentary evidence submitted in support of the application is referred to above. The council’s own records have also been researched and details of this are set out below. 17. Whilst this application was submitted for a claimed footpath within an area which is in Drayton Civil Parish, that area of the parish was part of Sutton Wick Civil Parish until its abolition on 1st April 19342. The Sutton Courtenay and Sutton Wick Inclosure Award 1804 18. Inclosure awards are legal documents that recorded the ownership and distribution of land. They may also detail roads and rights of way. These can be extremely important documents and, in many cases, if an inclosure award has created a right of way, and there is evidence that the correct legal procedures were carried out, this can be conclusive legal evidence for the existence of the right of way. 19. Fundamentally, Inclosure was the process by which traditional communal arable farming in open fields was abolished and land was enclosed and put to the use of a single owner. 20. Inclosure awards were drawn up by Inclosure Commissioners, who acted pursuant to the authority of an Act of Parliament. In the 18th century the most common method of authorising an inclosure project was by a local Act of Parliament. 21. In the late 18th century, it was considered desirable to streamline the process of inclosure and make it cheaper and more attractive to prospective landowners which it was hoped would lead to an increase in the gross national output of agricultural produce. The result was the Inclosure Consolidation Act of 1801, the long title of which read: - “An Act for consolidating in one Act certain provisions usually inserted in Acts of Inclosure; and for facilitating the mode of proving the several facts usually required on the passing of such Acts.” 2 1931 Census of England and Wales, Table B, Areas altered between 26th April, 1931 and 30th June, 1934, showing constitution as at the latter date, in terms of constitution as at the former date, together with particulars of acreage and population. M. of H. Order No. 77733. The Berks Review Order, 1934. [Referred to at: https://visionofbritain.org.uk/unit/10104658] 5 22.
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