Dilemma due to lack of evidence over continuous use of potentially historic Potton footpath

A potentially historic footpath in Potton cannot be added to the local definitive map because of a lack of evidence of continuous use over twenty years, a meeting heard.

An application to add a footpath between a bridleway known as Sutton Mill Road and Biggleswade Road was considered by Central Bedfordshire Council’s development management committee.

It was called in by Independent Potton councillor and council leader Adam Zerny.

“The evidence is insufficient to reasonably allege that a public right of way, which isn’t shown on the map and statement, subsists over the claimed route,” according to a report to the committee.

Independent Potton councillor Tracey Wye said before the application was considered: “I’ve spoken to Potton residents and they’ve concluded they accept the officer’s recommendation for refusal, so there isn’t a huge controversy there.”

CBC definitive map officer Clare Wild said: “This application has been called in by councillor Zerny as he disagrees with the recommendation to refuse the addition of the footpath to the definitive map and statement in Potton.

“The test of the Wildlife and Countryside Act hasn’t been met. The user evidence requires there should be a 20-year period of continuous use.

“There’s been a seven-year gap in the evidence provided. The original track was an old rail route, which was privately built by a wealthy landowner. The path being walked was that of the old railway line.”

Conservative Clifton, Henlow and Langford councillor Richard Wenham said: “Around the lack of usage, as you go further back it’s harder to establish users over that period of time.

“There’s some evidence of continuous use from 1950 to 1970, which might possibly support an approval of this rather than a refusal.”

He wondered whether the footpath could have been left off the definitive map in error, although it might not necessarily be a right of way.

Ms Wild replied: “I went through all the parish records from 1920 to the present day to see if there was any discussion by the council around this claimed footpath and there was nothing.

“The parish council didn’t claim it or deem it to be a public right of way, but we don’t know why unfortunately.”

Independent Houghton Conquest and Haynes councillor Rebecca Hares said: “It’s evident from the maps there was a previous use. Even though it was in private ownership, it’s clearly been used as part of the community.”

Independent Leighton Linslade West councillor Victoria Harvey explained: “I understand the convenience to cut through and access the patrol station.

“That makes it difficult. It’s sad a reason why there wasn’t a continuous 20-year period is because a person was away.

“We need to be mindful as a council that we can be challenged and have to be entirely evidence based. I’m realistic we don’t have the evidence to defend it.”

Councillor Wenham agreed, saying: “It’s clearly a desired route, although the supporting evidence is difficult. I’m wavering on this. I don’t believe it’s clear cut, despite the comprehensive report.”

The committee refused the application to modify the definitive map.