Agenda item

Treharris 32, Treharris 33, Treharris 36, Treharris 39

To consider report of the Deputy Chief Executive

Minutes:

The Chair referred the Committee to the ‘Treharris 32, Treharris 33, Treharris 36 and Treharris 39’ report.

 

The Committee then walked the Routes.

 

In relation to Treharris 39 the Committee recommended that the existing gate be replaced with a Hand Gate.

 

Resolved subject to the foregoing that:

 

Taking into account all the evidence which has been provided, including historical documents, Councillors confirmed that:

 

(a)       In respect of Treharris 32 (a) on the balance of probabilities there is sufficient evidence to support that the route marked with a pink line between points J – K on the plan has been used for such period so as to raise presumption that it has been dedicated as a footpath, and that the evidence has not been rebutted by other evidence, (b) on confirming (a) to approve the making of the Definitive Map Modification Order to show Treharris 32 as a footpath, (c) to approve the making of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn and (d) if any objections or representations are made within the prescribed period and are not subsequently withdrawn then to refer the matter to the Planning Inspectorate for determination.

 

(b)       In respect of Treharris 33 (a) on the balance of probabilities there is sufficient evidence to support that the route marked with a red line between points D – E on the plan has been used for such period so as to raise presumption that it has been dedicated as a footpath, and that the evidence has not been rebutted by other evidence, (b) on confirming (a) to approve the making of the Definitive Map Modification Order to show Treharris 33 as a footpath, (c) to approve the making of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn and (d) if any objections or representations are made within the prescribed period and are not subsequently withdrawn then to refer the matter to the Planning Inspectorate for determination.

 

(c)        In respect of Treharris 36 (a) on the balance of probabilities there is sufficient evidence to support that the route marked with a light blue line between points H – I on the plan has been used for such period so as to raise presumption that it has been dedicated as a footpath, and that the evidence has not been rebutted by other evidence, (b) on confirming (a) to approve the making of the Definitive Map Modification Order to show Treharris 36 as a footpath, (c) to approve the making of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn and (d) if any objections or representations are made within the prescribed period and are not subsequently withdrawn then to refer the matter to the Planning Inspectorate for determination.

 

(d)       In respect of Treharris 39 (a) on the balance of probabilities there is sufficient evidence to support that the route marked with a dark green line between points B – C on the plan has been used for such period so as to raise presumption that it has been dedicated as a footpath, and that the evidence has not been rebutted by other evidence, (b) on confirming (a) to approve the making of the Definitive Map Modification Order to show Treharris 39 as a footpath, (c) to approve the making of the Definitive Map Modification Order made as a result of (b) above provided no objections or representations are made within the prescribed period or if any objections or representations so made are withdrawn and (d) if any objections or representations are made within the prescribed period and are not subsequently withdrawn then to refer the matter to the Planning Inspectorate for determination

Supporting documents:

 

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