Issue - meetings

Report by the Director of Law and Assurance.

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

Rogate: Application for a Definitive Map Modification Order (Application No: 5/16) to add a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate.

Rogate: Application for a Definitive Map Modification Order (Application No: 5/16) to add a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate

5.1     The Committee considered a report by the Director of Law and Assurance, concerning an application to add to the Definitive Map and Statement a public footpath from bridleway 1163 to Fyning Lane in the Parish of Rogate (copy appended to the signed version of the minutes).  Laura Floodgate, Solicitor introduced the report.  It is considered that the legal tests for making the Order have been met, but so as to provide additional clarity it is proposed that the recommendation be amended to include the words ‘as set out in paragraph 8.1 of this report’ at the end of the recommendation; to make clear that this is the lower test only that the path can be reasonably alleged to subsist. 

5.2     The Chairman drew the Committee’s attention to hard copies of documents which were circulated in advance of the meeting (the last document listed was received too late to circulate in advance of the meeting, but was provided in hard copy to the Committee) as follows:

·         Evidence including photograph provided by the Grey family.

·         Evidence including photographs and a map provided by Mr and Mrs Noble.

·         Evidence including maps, a photograph and a list of claimed inaccuracies in the evidence user forms provided by Mr Wakefield.

·         Letter from Wilsons Solicitors, solicitor for Mrs Abramavich.

·         Letter from Mr Howland.

·         Information provided by Mrs Howland – email to Mr Howland from Mr Dean Hall of Fyning Hill Estate.

5.3     Mr Johnny Grey, owner of Fyning Copse spoke in objection to the application.  The Grey family has lived in their property since 1990.  The community does not want this path, as shown by the 30 objections.  The path is narrow, dark and overgrown, has no views and leads nowhere, and does not directly lead to the village or connect with other paths in the woods.  Evidence of use between 1975 and 1995 is exceptionally light and lacks credibility.  Doubt is cast on the credibility of evidence in support as follows: some witnesses claim to have walked the path between 1995 and 1997, when it was a trench nearly 3m deep; and there are claims the surface was grass, when grass could never grow in this heavily wooded area.  There was a legal boundary dispute with the applicant and a witness from 2006 to 2011; it is felt witnesses are not impartial.  This conflict of interest is acknowledged by Rogate Parish Council.  There is overwhelming evidence that this path is not a right of way because there is no mention of it in planning application documents, objections to planning applications, title deeds, property searches or estate agent listings.  The right of way does not exist.  No member of the Grey family has ever seen anyone use this path.

5.4     Mrs Belinda Noble, owner of Fyning Twitten spoke in objection to the application.  Route A to  ...  view the full minutes text for item 5