Agenda and minutes

Countryside and Rights of Way Panel
Friday, 13th July, 2018 11.00 am

Venue: County Buildings, Stafford

Contact: Jonathan Lindop  Email: jonathan.lindop@staffordshire.gov.uk

Items
No. Item

48.

Declaration of Interest in accordance with Standing Order 16.2

Minutes:

There were no Declarations of Interest made at the meeting.

49.

Minutes of meeting held on 15 June 2018 pdf icon PDF 116 KB

Minutes:

RESOLVED – That the minutes of the meeting held 15 June 2018 be confirmed and signed by the Chairman.

50.

Alleged Public Bridleway at Ladford Pool to the A5013, Seighford pdf icon PDF 241 KB

Report of the Deputy Chief Executive and Director for Families and Communities

Additional documents:

Minutes:

The Panel considered a report of the Director of Strategy Governance and Change regarding an application by Mr. M. Reay for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a Bridleway running from Ladford Pool to the A5013, Seighford Parish to the County Council’s Definitive Map and Statement of Public Rights of Way. Members were asked to consider all the evidence available and apply the relevant legal tests in order to make their decision.

 

The report was presented verbally to take Members through the various legal, documentary and historical evidence relevant to the application. The Director also made reference to case law that dealt with the weight to be given to the evidence as well as guidance on the legal tests which Members needed to consider. They were made aware that they should look at the evidence in its totality, apply the relevant legal tests.

 

During their consideration of the application, Members had regard to appendices attached to the report including (i) a plan of the claimed route; (ii) a copy of the application and associated submitted letters and documents; (iii) an extract of the Finance Act 1910 and Book of Reference; (iv) Railway Plan 1845 and Book of Reference; (v) Walton Tythe Map; (vi) Seighford Tithe Map; (vii) Yates Map; (viii) Greenwood Map; (ix) Teesdale Map and; (x) OS Maps dated 1820, 1836 and 1840.

 

The Chairman referred to the plan of the claimed route attached at Appendix A to the report and said that an additional reference point ‘C’ should be added where the existing Public Footpath No. 0.1591 Seighford Parish commenced, in order to assist Members in their deliberations.

 

Following detailed consideration of the report, the panel decided that the available evidence was insufficient to add the claimed route shown A to B on the revised plan as a Bridleway when the ordinary civil test of ‘balance of probabilities’ was considered. However, with regard to the lesser test of ‘reasonable allegation’ as set out in Section 53 (c) (i) of the Act, the Panel considered that this was satisfied in respect of that section of the route not already shown on the Definitive Map and Statement as Public Footpath No. 0.1591 Seighford Parish and that an Order should be made for it to be added.

 

With regard to the remainder of the claimed route ie from point C to B on the revised plan, the Panel decided that to alter the status of the Footpath, the matter fell to be considered under s53(c)(ii) of the Act. Accordingly, the Panel decided that the available evidence failed to meet the civil test of ‘balance of probabilities’ and therefore Public Footpath No. 0.1591 should not be upgraded to Bridleway status.

 

However, in the event that the above-mentioned Order was confirmed as an unopposed Order, this would mean that the application had succeeded and that a further Order could be made to upgrade Public Footpath No. 0.1591 Seighford Parish  ...  view the full minutes text for item 50.

51.

Application for the addition of a Public Footpath from Cheadle Road to Footpath No. 39 at Woodlands, Cheddleton pdf icon PDF 309 KB

Report of the Deputy Chief Executive and Director of Families and Communities  

Additional documents:

Minutes:

RESOLVED – That consideration of the report be deferred pending investigation of potential additional evidence which had come to light since publication of the Agenda for the meeting.