Could This Path Become a Restricted Byway? Evidence Needed for Cornwall Council Review

Published On: 7 February 2025Last Updated: 7 February 2025By

Cornwall Council is reviewing an application to modify the Definitive Map and Statement of Public Rights of Way under Section 53 of the Wildlife and Countryside Act 1981. The proposed change would see the addition of a restricted byway from the A30 to Footpath 38 at Trevorian Common, spanning the parishes of St Buryan, Lamorna & Paul, and Sennen.

What Is Being Considered?

Modification Orders focus on whether public rights already exist—not on whether they should be created or removed. To assist in the decision-making process, Cornwall Council is requesting relevant evidence from the public.

The types of evidence that will be considered include:

  • Public use of the path
  • Actions taken to deter public use
  • Documentation related to the path

However, certain factors will not be taken into account, including:

  • The suitability of the path for users
  • Any nuisance allegedly caused by users
  • The need or desirability for public access
  • Surface conditions, safety concerns, or environmental considerations

How to Submit Evidence

If you have information that could support or challenge the existence of public rights on this route, you are encouraged to submit evidence:

  • By email: Send relevant information to clerk@sennen-pc.gov.uk as soon as possible and before 5th March 2025.
  • By post: Write to the Public Rights of Way Team, Cornwall Council, PO Box 676, Threemilestone, TR1 9EQ before 17th March 2025.

When submitting evidence by post, be sure to include reference number WCA 840 along with your name and address, as the Council cannot accept anonymous submissions.

This decision could impact public access in the area – if you have historical records or first-hand experience regarding the use of this path, now is the time to have your say.

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