Decision Maker: Transportation Advisory Group, Cabinet
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: Yes
To obtain permission to permit an Order to
protect the path from Forest Road to Ormonde Road as a Public
RESOLVED that permission be granted to create an order to record the unprotected footpath as a Public Right of Way.
Portfolio Holder: Transport and Infrastructure
It is a legal duty for all surveying authorities to make and maintain a Definitive Map and Statement for their area, to continually survey the area for possible Public Rights of Way, and to make Orders upon the discovery of evidence that a Public Right of Way has arisen from long use. Public Rights of Way can come into being for various legal reasons, however most commonly it is through statutory inference of dedication. In plain terms, if a path has been walked by the public uninterrupted for a period of 20 years, and the use has been without force, without deception and without having been granted a specific express permission from the landowner, then they acquire a right to pass and repass.
Report author: Zak Cusens
Publication date: 31/07/2020
Date of decision: 29/07/2020
Decided at meeting: 29/07/2020 - Cabinet
Effective from: 08/08/2020