1.1 This application was received in 2007 from
a solicitor acting on behalf of the landowner; the application was
made under Section 53 of the Wildlife and Countryside Act 1981. The
application seeks to delete Hyde Footpath 746, alleging that it was
incorrectly recorded at the time that the first Definitive Map was
drafted.
1.2. It is considered that the evidence submitted in support of the
application, and other evidence reviewed during the investigation,
indicates that, on the balance of probabilities, the route should
not be removed from the Definitive Map. The application is
therefore recommended for refusal.
1.3 Although there is insufficient evidence to support deletion of
the route as a Definitive Map Modification Order, it may be
possible to extinguish the route under the provisions of s118 of
the Highways Act (1980), as the route appears to be unused and
therefore is not needed by the public.