Agenda item

Report by the Director of Law and Assurance.

To consider and determine the following application:

Sharpthorne: Application for a Definitive Map Modification Order (Application No: 2/16) the addition of a bridleway at Top Road, Sharpthorne and to upgrade footpath 51FR to a bridleway.

West Hoathly: Application for a Definitive Map Modification Order (Application No: 2/16) the addition of a bridleway at Top Road, Sharpthorne and to upgrade footpath 51ESx to a bridleway.

15.1   The Committee considered a report by the Director of Law and Assurance, concerning an application to add to the Definitive Map and Statement a bridleway at Top Road, Sharpthorne and to upgrade footpath 51ESx to a bridleway (copy appended to the signed version of the minutes).  Georgia Hickland, Legal Assistant, introduced the report.  It is considered that the legal tests for making the order have not been met.  For the avoidance of doubt the County Council is required to consider in relation to making an Order under S.53 (2) in consequence of an event in relation to 1) Point A – B on the application plan: under Section 53(3)(c)(i) Wildlife and Countryside Act 1981 whether evidence submitted by the applicant shows that a right of way which is not shown in the Definitive Map and Statement subsists or is reasonably alleged to subsist over land; and in relation to 2) Point B – C on the application plan under Section 53(3)(c)(ii) Wildlife and Countryside Act 1981 being the discovery of evidence which shows that a highway shown on the map and statement as a highway of a particular description ought to be there shown as a highway of a different description on the balance of probability.

15.2   Mr Martin Robinson, Manager at Blackland Farm Girlguiding Activity Centre spoke in objection to the application.  Girlguiding along with other landowners have researched maps for the route and concluded that where the proposed route is shown there is nothing to indicate it was ever a right of way.  Current Ordnance Survey maps show routes that are private tracks and driveways to farms that are not rights of way.  Any upgrade to FP 51ESx would necessitate the felling of trees to ensure the minimum required bridleway width of 3m.  There is no evidence to support the claim for the map modification to be made.

15.3   Mr Paul Brown, the applicant, spoke in support of the application.  The 1724 Budgen map, 1840 East Grinstead Tithe map, and 1831
1^st Edition OS map do provide evidence of the route, contrary to the conclusions in the Committee report, and paragraph 8.1, in relation to existence of a ‘feature’ (a gate), is disputed because many bridleways do have gates.  The evidence of Major Grubb, supplied with the application, shows the route was used until the turn of the 20^th century/before WWI.  Regarding points B to C on the route, the Budgens maps, Major Grubb’s evidence, 1873 East Grinstead parish boundary sketchbook and 1997 archaeological study for the clay quarry extension would not have been considered in the 1950s.  Regarding points A to B a bridleway can be reasonably alleged to exist.  Regarding points B to C the higher legal test on ‘balance of probability’ may apply, quoting a Planning Inspectorate appeal on a similar application in 2017 who stated that where there are “different tests applied to the same evidence” which “may lead to different conclusions”… a “pragmatic approach would be for an order to be made…to a route as a whole”.

15.4   During the debate the Committee raised the points below.  Clarification was provided by Officers, where applicable:

·         The application should be considered as a whole.

·         Access to the route at point A is difficult to find; there is no signpost and it is accessed via a driveway between properties.

·         The route is steep at points along point A to B.

·         The conflict over the interpretation of archival evidence was acknowledged but the Committee noted that, as stated in the report, “none of the maps identified are produced for the purpose of confirming highway status” and it was, therefore, agreed there was no evidence of status.

15.5.  The recommendation was proposed by Mr Bradbury and seconded by Mrs Russell, and was put to the Committee and approved unanimously.

15.6   Resolved – That a Definitive Map Modification Order, under Section 53 (2) in consequence of an event specified in sub-section 53(3)(c)(i) and 53(3)(c)(ii) of the Wildlife and Countryside Act 1981, 1) to add a bridleway from point A, Top Road, Sharpthorne to point B, and 2) to upgrade footpath 51ESx to a bridleway from its commencement at point B to its termination at point C, Grinstead Lane, West Hoathly be not made.