Application: 001/RRegis/2009 Location: Alleged public footpaths on land at Dudley Road East, Tividale, Oldbury West Midlands B69 3DU 1. Reference Unique reference:001/RRegis/2009 Rowley Regis Definitive Map and Statement 2. Application Details a)Name and address of Applicant withheld from register but remainder of application attached or viewable on PDF file via Electronic version of register . b)Maps accompanying application attached or viewable on PDF file via Electronic version of register 3. General location Land north of Dudley Road East (A457) Tividale Oldbury, located east of Gower Branch Canal and west of River Tame 4. Ordnance Survey Location Northern destination point: [Gower Branch Canal] SO 981908 Southern destination point: [Dudley Road East] SO 979904 5. Affected Property a) British Waterways property at Gower Branch Canal Dudley Road East Tividale Oldbury. b)Property at the Shri Venkateswara Balaji Temple Dudley Road East Oldbury West Midlands B69 3DU. c)Land in ownership of Sandwell MBC PO Box 2377 Freeth St Oldbury West Midlands. d)Property formerly occupied by Veolia Environmental Services , Lindon Road, Brownshills Walsall West Midlands WS8 7BB * In the course of determination or, if appropriate, in the preparation of any pending order, interests may be removed , new ones added or descriptions of existing may be altered. 6. Nearest town etc Oldbury, south east of Wolverhampton 7. Description The alleged footpath follows a route that is partly circular.From a vehicular turning area next to Brades Hall Canal Bridge, Dudley Road East it extends in a northerly direction over land adjoining the Gower Branch Canal. It then turns in a easterly and then south easterly direction through the grounds of a the Shri Venkateswara Balaji Temple before returning over land west of the of the River Tame in a north westerly direction to the canal towpath of the Gower Branch Canal which it crosses. The application is based upon a claim that highway rights for the benefit of foot have been created by presumed dedication under section 31 of the Highways Act 1980 and 24 declarations of use have been deposited with the council as evidence. An outdated 1938 County Series Ordnance survey plan has been submitted in support of the application. Although a replacement plan showed the southern destination point of the alleged footpath to extend across the A457 Dudley Road East carriageway this was inconsistent with the application’s intent. The applicant recognised the inconsistency before the application was officially receipted in 2009 but was unable to formally rectify it due to unexpected illness. Written details within the application excludes the carriageway of the A427 from the alleged footpath and indicates the southern destination point is the north side of the A427 and not the south side of the carriageway as shown on the most recent plan.The matter will be resolved in the course of determining the application. However further amendments to the plan attached to the application have been made and the applicant has agreed that the version prepared by this council under Drawing No.WLK/TEMPLE/PYLON dated 21 st September 2011 is an accurate representation of the claimed alignment. 8. Application Received 11th August 2009 (formal receipt of application) 9. Estimated Determination Date The Council will not formally commit itself to determination dates but will endeavour to secure determination within 12 months of applicant certifying notification requirements of the application as required under paragraph 2(3) to schedule 14 of the 1981 Act. 10.Determination Date 6th Oct 2011.Details of the determination have been posted 11.Secretary of State Direction Not applicable 12.Appeal Decision Not applicable 13.Case officer Bill King Highway Closure and Public Rights of Way Officer Sandwell Metropolitan Borough Council Sandwell Council House Freeth St Oldbury West Midlands Tel 0845 359 7518 Email: [email protected] .