Description and grid references
Alleged public footpaths between Rectory Lane (TQ 279 590) and Lyndhurst Road (TQ 279 590), Bansted
Reference number and contact details
CP570
Tel. 03456 009 009
Email. rightsofway@surreycc.gov.uk
Date of application
28 August 2015
Applicants name and address
Christine June Geraldine O'Brien, 71, Rectory Lane, Woodmansterne, Banstead, SM7 3PE
Consultations and research stage
Complete
Officer recommendations
That a Map Modification Order be made to add public footpaths between Rectory Lane and Lyndhurst Road, Banstead to the definitive map and statement for Surrey; and to the definitive map and statement for the London Borough of Croydon. The routes will be known as public footpaths 643 and 644 (Banstead) and 966 (Croydon)
Committee
On 4 December 2017 Reigate and Banstead Local Committee agreed with Officer's Recommendations
Order making
Two Surrey map modification orders were made on 21 March 2018 and advertised on 12 April 2018. A further map modification order was made and advertised on the same dates for a small section in the London Borough of Croydon . The Orders are titled the Surrey County Council Public Footpath No.643 (Banstead) Definitive Map Modification Order 2018, the Surrey County Council Public Footpath No.644 (Banstead) Definitive Map Modification Order 2018 and the London Borough of Croydon Right of Way No.966 Definitive Map Modification Order 2018. Due to an administrative error in these orders they were remade on 28 August 2018 and re-advertised on 20 September 2018.
Objections
Objections were received to both sets of notices. The Orders and all received evidence were referred to the Secretary of State for determination at the end of the notice period relating to the second set of notices.
Public inquiry and decision
A Public inquiry to determine the matter was held on 24 and 25 May 2022.
An interim decision was published by the Planning Inspectorate dated 15 July 2022. In this decision the Order relating to Public Footpath 643 Banstead was confirmed. This path will now be added to the Definitive Map and signed on site in due course.
In relation to Public Footpath 644 (Banstead) the Inspector decided to modify the Order to exclude a portion of the Order route. The modification was advertised on site and in local press with an objection period that ran between 8 September and 6 October 2022.
Objections to the modification were received by the Planning Inspectorate and a second public inquiry was held on the 11 and 12 May 2023 to determine the case.
The Inspector issued her decision dated 28 July 2023 in which she confirmed the Order in relation to FP644 (Banstead) with modifications.
Both confirmed orders were advertised in the Surrey Mirror on 19 October 2023 following which there was a period of six weeks when any person aggrieved by the Order wants to question its validity, or that of any provision contained in it, on the ground that it is not within the powers of the Wildlife and Countryside Act 1981 or on the ground that any requirement of the Act or of any regulation made under the Act has not been complied with in relation to the Order, he or she may, under paragraph 12 of Schedule 15 to the Act, make an application to the High Court.
Please contact the case officer, Catherine Valiant at rightsofway@surreycc.gov.uk, quoting ref: CP570 for details.
Files available to download
-
CP570 Schedule 14 application (PDF)
Schedule 14 application form and plan made under the Wildlife and Countryside Act 1981 for an alleged public footpath between Rectory Lane and Lyndhurst Road, Banstead
