The Rights of Way Sub-Committee of Bromley Council met on Wednesday 10 January 2024 and resolved to make a Definitive Map Modification Order to add a proposed public right of way at The Landway, Downe. The committee also confirmed the minutes of their previous meeting held on 28 September 2022.

Proposed Public Right of Way at The Landway, Downe

The Sub-Committee resolved to authorise the Director of Corporate Services and Governance, in consultation with the Director of Environment and Public Protection, to make a Definitive Map Modification Order under section 53(c)(i) of the Wildlife and Countryside Act 1981. This order will add the route shown by a broken line (A-B) on Plan 1 to the Definitive Map, recognising a public right of way at The Landway, Petleys Farm, Luxted Road, Downe.

The application for this modification was made by Mr Steve Barnes on behalf of the Downe Residents Association on 10 June 2020. The landowners objected to the application. A consultant, Robin Carr Associates, investigated the application and their report concluded that it should be refused.

During the meeting, Councillor Jonathan Andrews, the ward councillor for Darwin ward, addressed the Sub-Committee. He noted two discrepancies in the consultant's report and highlighted recent case law suggesting applications should be granted where a right of way not shown on the map is reasonably alleged to subsist. Councillor Andrews stated that over 80 residents had submitted evidence forms indicating they had used the path without requiring permission, and that the evidence regarding gates was varied and not conclusive. He concluded that there was a reasonable case for a right of way to exist.

Members of the Sub-Committee discussed the report and the evidence presented. They noted the large number of evidence forms submitted by residents, indicating significant use of the path over a twenty-year period. While acknowledging the evidence about gates and stiles, the members disagreed with the consultant's conclusion that the evidence of locked gates was sufficient to show a lack of intention to dedicate the land as a public right of way. They reasoned that gates in rural locations can serve various purposes and that the evidence was not unambiguous. The Sub-Committee's unanimous view was that there was no incontrovertible evidence to prevent the order from being made.

Councillor Michael Tickner, who arrived late, did not vote on this item.

Minutes of the Meeting Held on 28 September 2022

The Sub-Committee confirmed the minutes of their previous meeting held on 28 September 2022.