Agenda Item No. 9(i) Rights of Way Committee

18 June 2013

Recent Decision by the Secretary of State’s Inspector:

West Sussex County Council (Cuckfield Rural No.2 – Balcombe/Turners Hill (Addition of a Bridleway)) Definitive Map Modification Order 2010

Report by Head of Law and Governance

Recommendation

That this report be noted.

1 Background

1.1 In June 2006 the County Council received an application made by Mr Jonathan Hill (the applicant), under the provision of Section 53 of the Wildlife and Countryside Act 1981. This application sought to add to the Definitive Map and Statement for Cuckfield Rural a bridleway in the parishes of Balcombe and Turners Hill, and was supported by archive evidence.

1.2 The application was investigated and reported to the Rights of Way Committee on 17th November 2008, where a recommendation not to make the Order was approved by the Committee.

1.3 On 6th January 2009 the Department for Environment, Food and Rural Affairs (DEFRA) informed the County Council of an appeal made by the applicant against the County Council’s decision not to make an Order. DEFRA informed the County Council on the 11th February 2010 of their decision that the appeal be allowed and that an Order be made.

1.4 The West Sussex County Council (Cuckfield Rural – No.2 (Balcombe/Turners Hill: Addition of a Bridleway)) Definitive Map Modification Order 2010 was made on the 19th July 2010. When notice of the Order was advertised 2 objections were received.

1.5 The opposed Order was submitted to the Secretary of State for Environment, Food and Rural Affairs on 12th March 2012, who determined the order by way of written representation.

2 The Inspector’s Decision

2.1 On 12th November 2012 the Secretary of State’s Inspector issued an interim decision in relation to the Order, she concluded that, having regard to all the written submissions, the evidence showed that on the balance of probabilities, a public bridleway subsists. She therefore proposed to confirm the Order subject to modification to the Order plan.

2.2 The modification proposed placed the confirmed route on the eastern side of a field boundary rather than on the western side to rectify a previously unnoticed mapping anomaly.

2.3 Since the modification would affect land not affected by the Order as made and submitted to the Secretary of State, notice of the proposal to modify needed to be given.

2.4 No objections to the proposed modification were received, therefore on the 12th March 2013 the Secretary of State’s Inspector confirmed the Order with modification.

Background Papers

(a) Rights of Way Committee Report dated 17th November 2008

(b) Inspector’s Decision Letters (ref: FPS/P3800/4/50 & FPS/P3800/3/5) dated 12 November 2012 and 12th March 2013

(c) The West Sussex County Council (Cuckfield Rural – No 2 (Balcombe/Turners Hill: Addition of a Bridleway)) Definitive Map Modification Order 2010

Contact: Ami Sweeney ext. 22687

TONY KERSHAW Head of Law and Governance