Among the 'proof of evidence' submitted to the Inspector one of the objectors to Cornwall Council's Order (and my application) to modify the Definitive Map of Public Rights of Way has gone to great lengths to show that the slipway at Antony Passage floods with water at High Spring tide. I understand that the argument is that because a part of the route of the path is inundated with water, at that state of the tide, the way cannot be a Public Right of Way.
A counter argument is that Landulph Public Footpath number 2, along the Tamar River from near Landulph Church to Cargreen, is signposted each end saying: "Public Footpath – only usable at Low Spring Tide". It seems that being inundated with water, along most of its length at most states of tide, does not stop Landulph Public Footpath number 2 from being a Public Right of Way.
I would appreciate it if anyone could give me examples of other local of Public Rights of Way that flood at various tidal states.
I also notice that in Section 31(11) of the Highways Act 1980 that "'Land' is defined as including land covered by water". Thus, that section can apply to the acquisition of a right of way through a ford or along a causeway or across a slipway inundated by water at some stage of the tide.
Or failing that, maybe, it would have been possible for members of the public to take shoes and socks off, roll up trouser, and wade across the slipway?
Definitive Map Modification Order Applicant.
In their 'Final Statement of Case' the Objectors have produced a letter. (as Attachment 21: available to read but not take away in Reception, Saltash Guildhall.)
The letter says "apparently there was a challenge to access launched in the 60's at which time the Town Council and other Saltash residents lost their case against [the then owner] and were ordered to pay damages".
Saltash Borough Council, Works Committee minutes of 29th October 1963 say "The Town Clerk reported the receipt of correspondence from [the then owner] with regard to the alleged infringement of the right of way at Antony Passage. RESOLVED that the Town Clerk instruct Council to settle proceedings to be commenced against the person alleged to have infringed the right of way at Antony Passage." I can find no other report in any Saltash Borough minutes of the outcome of these proceedings and, rightly or wrongly, assumed that the right of way was cleared before proceedings became necessary.
The Objectors refer to this 'case' in other evidence presented to the Inspector and say that the [owner] won the case and that considerable costs were awarded against Saltash Borough Council.
I can't find any evidence of, or anyone who has any recollection of, this case other than that of the Objectors and their supporters.
I have written to the author of the 'attachment 21' letter asking where I too can find any information about this 'case': but, he has not replied.
If you do know where I can find any evidence of this case please can you tell me? Preferably before the Public Inquiry resumes at 10am on the 14th March 2012: in the Eliot Hall, St. Germans.
Definitive Map Modification Order applicant.
Just a reminder that the Public Inquiry into 'The County of Cornwall (Footpath No.17 to the County Road at Antony Passage, Saltash) Modification Order 2010 ("the Order"))' resumes at 10am on Wednesday 12 September 2012 in Saltash Guildhall.
Definitive Map Modification Order applicant
I've received the Antony Passage path Order Decision
The first page says "Summary of Decision: The Order is confirmed".
Page 17 says:
Conclusions (paragraph) 106.
"Having regard to all the submission made both in writing and at the inquiry I conclude that, on the balance of probability, a public footpath subsists over the order route, and that the Order should therefore be confirmed."
"I confirm the Order."
Signed by the Inspector
An electronic version of all the decision is on the Inspectorate's website at:
But: I will wait just a little longer before I think I can accept your 'well done'
Because within 6 weeks of the order being confirmed any person aggrieved by the confirmed order can make an application to challenge the order in the High Court . (I think the 6 weeks ends on 11th January 2013). Then, if such a challenge were successful, the High Court will quash the order.
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