To add a Restricted Byway at Penberthy and upgrade Footpath 51 & Footpath 52 (part) & Footpath 92 St Hilary & Footpath 50 St Erth to a Restricted Byway , St Erth and St Hilary CP
Cornwall Council is considering an application from Cycling UK for an Order under Section 53 of the Wildlife and Countryside Act 1981, to modify the Definitive Map and Statement of Public Rights of Way by adding a Restricted Byway and upgrading the Footpaths from Penberthy Farm St Hilary Ordnance Survey Grid Reference SW 555/330 to Unclassified Road ( U6018 ) OSGR SW 557/331, St Erth shown on the map below.
Modification Orders are about whether public rights already exist, not whether they should be created or taken away. Therefore, only evidence either for or against the accrual of public rights may be considered, and in this connection, they would like to receive any user or archival evidence. Factors such as the suitability of a way for users who have a right to use it, or the nuisance that they are alleged to cause or likely to cause, the need for public access, desirability of the way, surface conditions, safety factors, or other environmental considerations are therefore irrelevant, and cannot be taken into consideration.
The Parish Council has been consulted on this and has to provide a response no later than 19th January. If anyone has any evidence regarding the following then please let us know no later than Thursday 18th January so we can pass this on to the Countryside Rights of Way Team:
- The use of the path by the public
- Any actions taken to prevent or deter the public from using the path as a public right of way
- Any documentation recording or relating to the path (please list here and indicate if you are sending as well).