Attached to This Report and Is Identified in Three Separate Sections for Ease of Reference
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Rights of Way Committee Agenda Item No. 10 23 February 2010 Ashurst, West Grinstead and Henfield: Application for a Definitive Map Modification Order (Application No: 4/08) to add to the Definitive Map and Statement for Horsham a network of footpaths from Chates Footbridge to Eatons Farm Footbridge and Bines Bridge, via Merrions Weir Footbridge. Report by the Head of Legal and Democratic Services Executive summary The application, made under the provisions of Section 53 of the Wildlife and Countryside Act 1981, seeks to modify the Definitive Map and Statement for Chanctonbury and Horsham by adding a network of footpaths from Chates Footbridge to Eatons Farm Footbridge and Bines Bridge, via Merrions Weir Footbridge. Path X runs from points A-B-C on the report plan, Path Y runs from points C-D on the report plan and Path Z runs from points C-E-F on the report plan. All evidence in respect of this claim is available for inspection in the Member’s Room prior to the meeting. Conclusion 1. The application is based on evidence of use and 56 witness evidence forms were submitted in support of the claim, testifying to use between 1946 and 2008. 2. The County Council has undertaken its own archive research. It is concluded that there is insufficient archive evidence to support the claimed route as having public highway status. In the absence of conclusive archive evidence the claim is considered under Section 31 Highways Act 1980. 3. For the purpose of considering the claim based on the evidence of use, the event which brought the public right to use the way into question was the construction of replacement footbridges at Chates Dam and Merrions Weir in approximately 2004. The relevant 20 year period of continuous use considered for the purposes of this application is therefore 1984 - 2004. The evidence of actual use shows that members of the public are using the route on foot only. 4. In relation to Path X, there is sufficient evidence to show that on the balance of probabilities the relevant tests under Section 53 of the Wildlife and Countryside Act have been met. 5. In relation to Path Y and Path Z, the evidence provided to dispute the claim conflicts with the evidence of use submitted with the application. It is considered that on the balance of the available evidence, it can be reasonably alleged that the relevant tests under Section 53 of the Wildlife and Countryside Act have been met. Recommendation (i) Path X That a Definitive Map Modification Order, under Section 53 (2) in consequence of an event specified in sub-section 53 (3) (c) (i) of the Wildlife and Countryside Act 1981, to add a footpath at Chates Dam and Merrions Weir (between points A-B-C on the report plan) be made. (ii) Path Y That a Definitive Map Modification Order, under Section 53 (2) in consequence of an event specified in sub-section 53 (3) (c) (i) of the Wildlife and Countryside Act 1981, to add a footpath from Merrions Weir to Bines Bridge (between points C-D on the report plan), be made. (iii) Path Z That a Definitive Map Modification Order, under Section 53 (2) in consequence of an event specified in sub-section 53 (3) (c) (i) of the Wildlife and Countryside Act 1981, to add a footpath from Merrions Weir to Eatons Farm (between points C-E-F on the report plan), be made. 1. Character and features of the route 1.1 The site was visited on 17th March 2009. The photographs taken during this site visit will be displayed at the Committee meeting. 1.2 The claimed routes are marked on the plan attached to this report and is identified in three separate sections for ease of reference: The section from the eastern branch of the river Adur, across Chates Dam footbridge and Merrions Weir footbridge is shown running between points A-B-C and is referred to as path X in the report. The section running northwards from Merrions Weir Footbridge towards Bines Bridge is shown running between the points C-D and is referred to as path Y in the report. The section from the western bank of the western branch of the river Adur, at Merrions Weir, southwards to Eatons Farm footbridge is shown running between points C-E-F and is referred to as path Z in the report. Path X 1.3 Starting at point ‘A’, at its junction with footpath no. 3200 the claimed path crosses the eastern branch of the river Adur via Chates Footbridge. The width of the gateway onto the footbridge is approximately 0.9 metres and this was padlocked shut at the time of the site visit. The footbridge is approximately 1.2 metres wide and was undergoing repair at the time of the site visit. There is no gate at the western end of the footbridge. The claimed route then turns in a southerly direction towards a fork in the river Adur. The path runs along the riverside embankment at a height of approximately 1 metre above the river bank with a useable width of approximately 3 metres. The path has a surface of soil and grass and is well-drained. 1.4 At point ‘B’ the claimed route turns in a generally northwest direction towards Merrions Weir footbridge and continues along the riverside embankment. After approximately 50 metres the route turns in a westerly direction and crosses Merrions Weir footbridge, which appears to have undergone recent repairs. There are gates on both the eastern and western bank of the river. The gate on the eastern bank of the river has a width of approximately 1 metre and was locked shut at the time of the site visit. The footbridge also has a width of approximately 1 metre and a metal surface with handrails to each side. The gate on the western bank of the river was not locked at the time of the site visit. Path Y 1.5 From point ‘C’ the claimed path has a useable width of approximately 3 metres. The path runs northwards along the riverside embankment towards Bines Bridge. After approximately 10 metres the path is obstructed by a metal field gate, with an opening of approximately 2.6 metres. Attached to this gate is a notice, of apparently recent origin, which reads ‘PRIVATE LAND No access without permission’. The fencing alongside the gate runs down to the river’s edge and there is a low stile at the level of the riverbank. 1.6 The claimed route continues along the embankment with a useable width of approximately 2.5 metres and a well drained grassy surface. The surface of the path is lightly worn, with no obvious footprints. The fields are laid to pasture, but on the day of the site visit there were no livestock present in the fields. The outlook is generally open, with fields fenced, but no fencing running alongside the river. There are occasional trees at field boundaries, which appear to be mature oaks. A number of drainage channels cross under the claimed route and enter the river via sluice gates. 1.7 After approximately 135 metres, there is a second field gate with fencing down to the river. The gate has an opening of approximately 2.7 metres and is padlocked shut. A notice of apparently recent origin is displayed on this gate, which reads ‘Private No public right of way’ and ‘No access without permission’. 1.8 Beyond the gate the path continues along the embankment with a useable width of approximately 2.5 metres and a surface in a similarly good condition; grass and well drained. After approximately 520 metres there is the remains of a gateway, with a width of 3.4 metres and fencing down to the river. 1.9 The claimed path continues in a generally north-west direction towards Bines Bridge and then turns in a westerly direction after approximately 230 metres as it approaches the highway B2135. There is a further field gate approximately 5 metres from the highway with an opening of approximately 3.6 metres. This gate is padlocked shut and there is a notice on the northern side of the gate, of apparently recent origin, which reads ‘PRIVATE LAND No access without permission’. There is a stile immediately adjacent to the gate which gives access to an area separated from the highway by a timber barrier and fencing, with a further stile crossing onto the highway (Point ‘D’). Path Z 1.10 From point ‘C’ at Merrions Weir footbridge, the claimed path runs in a generally south easterly direction for approximately 90 metres towards a fork in the river Adur (Point ‘E’). The width of the path showing apparent use is 0.5 metres, although the total useable width along the embankment is approximately 2.5 metres. The path then turns in a generally south westerly direction towards Eatons Bridge. The land is laid to pasture, with no livestock present at the date of the site visit. 1.11 After approximately 160 metres, there is a stile over a section of broken fencing, with two field gates to either side, each with an approximate width of 3.6 metres. The path continues to run along the embankment for approximately 240 metres in a south westerly direction until it reaches another two field gates, tied shut, with fencing down to the river bank on the eastern side and to a sluice channel on the western side. The gates each have an approximate width of 3.7 metres.