MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 16 JULY 2004 COMMENCING AT 10.00AM

Present :

Mrs T M Butchers, Mr R C Richards, Mr A A Taylor

Also Present :

Mrs M A Jarman, Mr R G Mazillius

1. DECLARATIONS OF INTEREST

There were no interests declared at this stage.

2. PROPOSED DEFINITIVE MAP MODIFICATION ORDER – FOOTPATH, MORTONBROOK, SANDOWN

The Strategic Director of Environment Services introduced the report which considered an application for a Modification Order to make an addition to the Definitive Map and Statement regarding a footpath at Mortonbrook.

The Ramblers Association had submitted user evidence in support of their application which they believed demonstrated that the footpath ABCD had been used over a long period of time and by a large number of people. A representative from the Ramblers Association highlighted the main points to the Committee. The footpath had been obstructed since 2000 at points B and C and a sign indicating no walkers had been erected at point C.

The current Landowner of 6 Copse End addressed the Committee and expressed concern over maintenance and liability issues if the footpath became formally recognised. These matters received clarification. The landowner then produced a map that showed a different route for the claimed path. Legal advice was given to the Committee that the path shown on this map was incorrect and should be disregarded when they came to consider their decision.

Following the clarification of any outstanding points the Committee then adjourned into private session in order to take legal advice and to consider their decision. Upon reconvening in public, the Committee announced their decision.

The Committee felt that a right of way was reasonably alleged to subsist between SS38 and SS41 on a line ABCD. The user evidence demonstrated that the path in its totality was enjoyed by members of the public in the belief that they were entitled to do so for an uninterrupted 20 year period from 1979 -1999. The Committee noted that the user evidence was as such that use continued along the entire length ABCD until 2000 when the path was blocked. The landowners presented insufficient evidence to rebut the presumption of dedication.

RESOLVED :

THAT a Modification Order be made to add footpath 2 metres wide on the route ABCD linking footpath SS38 and SS41 to the Definite Map and Statement

CHAIRMAN