MINUTES OF A MEETING OF THE REGULATORY APPEALS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON FRIDAY 20 AUGUST 2004 COMMENCING AT 10.00AM

Present :

Mr R C Richards (Chairman) Mrs M J Lloyd, Mr K Pearson

Also Present :

Mr A A Taylor

3. DECLARATIONS OF INTEREST

There were no interests were declared at this stage.

4. PROPOSED DEFINITIVE MAP MODIFICATION ORDER – FOOTPATHS, BEMBRIDGE POINT

The Chairman welcomed those present to the meeting and introduced the members of the Committee.

The report set out evidence to determine whether a Modification Order should be made to add footpaths at Bembridge Point to the Definitive Map and Statement in response to an application that had been received from Bembridge Parish Council. The path that had been claimed was referred to as ABCG with a spur BDE. The history of the site was outlined together with its current use.

The Parish Council had submitted 24 witness statements in support of their application however 9 of these did not meet the requirements of use as of right. The remainder showed that the use of BD, DE and CD was insufficient to raise a presumption of dedication over any of these routes. The use of ABC had been well attested since 1990 but use during the first half of the statutory period was less clear. Again, although 9 witnesses had used the route BD only 4 has used this for the first part of the statutory period. The applicant also submitted documentary evidence and the Committee were informed that these documents did not constitute evidence that an additional length of BB4 (CG) had been dedicated.

The landowners submitted evidence which was also considered by the Committee. The agents for one of the landowners attended the meeting but did not wish to speak. The local member was unable to attend and submitted a statement supporting the application and regretted the recommendation contained in the report that no modification order be made in response to the application.

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 that there was insufficient evidence to suggest that a right of way existed was reasonably alleged to exist over ABC or ABDE.

RESOLVED :

THAT no modification order be made in relation to the application