Issue - meetings

Report by the Director of Law and Assurance.

The Committee is asked to consider and determine the following application:

DMMO 5/18 Definitive Map Modification Order Application to modify the Definitive Map and Statement for Chichester to upgrade FP 155, Drove Lane to a restricted byway from Point A to B, upgrade to a bridleway from Point B to C and to add a restricted byway from Point B to D, in the parish of Yapton.

DMMO 5/18 - Definitive Map Modification Order Application to modify the Definitive Map and Statement for Chichester to upgrade FP 155, Drove Lane to a restricted byway from Point A to B, upgrade to a bridleway from Point B to C and to add a restricted byway from Point B to D, in the parish of Yapton.

22.1   The Committee considered a report by the Director of Law and Assurance, as amended by the Agenda Update Sheet and also by Agenda Update Sheet No. 2 (copies appended to the signed copy of the minutes).  The report was introduced by Georgia Hickland, Trainee Legal Executive, who outlined the proposals and the key points.

22.2   Jonathan Cheal, Solicitor at Mogers Drewett, representing Mr D W Langmead, the landowner, spoke in objection to the application.  Evidence is insufficient to demonstrate historic public carriageway status on Path 1 and Path 3 or bridleway status on Path 2.  Neither restricted byway nor bridleway status has been established.  Drove Lane lies within a long established farm tenancy.  The whole route is privately owned and maintained.  None of the archival evidence proves public status.  There is none on the Inclosure Award evidence and Tithe evidence does not prove public status.  The Finance Act 1910 map shows the whole route included within the hereditaments.  The handover map is not available.  WSCC road records classified Drove Lane as non-maintained, under private lane.  The parish survey and the Definitive Map process consistently show the Drove Lane, Point A to Point B to Point C, as a footpath only.  Adcock Highways Classification 1890, which is a list of public highways in each parish, shows 9 routes in Yapton but not Drove Lane.  Drove Lane is an old route shown on old maps, but evidence of existence is not necessarily evidence of public status, e.g. the Greenwood map included private and public routes, but it does not prove public status.  Neither public vehicular status nor bridleway status have been established.  The bridge over the rife is narrow and marked FB, for foot bridge.  The Inclosure Map and award for the parish to the south shows the path continuing southwards as a footpath over the footbridge and on towards the neighbouring parish still as a footpath: this shows consistency between parishes and it is virtually inconceivable that it was ever a through route public carriage way.

22.3   Paul Brown, representing the Open Spaces Society, spoke in support of the application.  The objective for safe routes and the limited opportunities for walking, cycling and horse riding are noted in the West Sussex Rights of Way Management Plan 2018-28.  Para. 6.14 of the Committee report regarding Felpham Inclosure Award 1826 confuses carriageway status when the application is for a bridleway.  The name of Drove Lane stems from historical evidence of droving.  Para. 7.5 fails to confirm that a public footpath does not contain the right to drive livestock, which is indicative of public bridleway rights.  Para. 6.12 regarding the 1815 Deposit Plans for  ...  view the full minutes text for item 22