Agenda and minutes

Countryside and Rights of Way Panel - Friday 4th December 2020 10:00am

Venue: Virtual/on-line at https://staffordshire.public-i.tv/core/portal/home

Contact: Zach Simister  Email: zachary.simister@staffordshire.gov.uk

Media

Items
No. Item

17.

Apologies

Additional documents:

18.

Declaration of Interest in accordance with Standing Order 16.2

Additional documents:

Minutes:

There were no Declarations of Interest on this occasion.

19.

Minutes of meeting held on 13 November 2020 pdf icon PDF 115 KB

Additional documents:

Minutes:

RESOLVED – That the minutes of the meeting held on 13 November 2020 be confirmed and signed by the Chairman.

20.

Wildlife and Countryside Act 1981, Section 53 - Application for Public Bridleway from disused Railway via Burgess Wood to The Drive, Audley pdf icon PDF 437 KB

Report of the Director of Corporate Services

Additional documents:

Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application by Mrs P Whalley for a modification order under Section 53 of the Wildlife and Countryside Act 1981 to add a Public Bridleway from the disused Railway via Burgess Wood to The Drive, Audley.

 

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 which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality.

 

During their consideration of the application, Members had regard to the Appendices attached to the report including:- (i) a plan of the claimed route; (ii) DMMO Applications; (iii) User evidence forms; (iv) Ordnance Survey Maps; (v) 1987 Temporary Closure Order..

 

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway which was not currently shown on the Definitive Map and Statement subsided along the claimed route.

 

RESOLVED – That (a) the report be received and noted

 

(b) the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that Public Bridleway rights do subsist along the route shown marked B-E on Plan 1 attached at Appendix A to this report and;

 

(c) an Order be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to a add the public bridleway, shown B-E on Plan 1 attached at Appendix A, to the Definitive Map and Statement of Public Rights of Way.

21.

Wildlife and Countryside Act 1981, Section 53 - Application to upgrade Footpath No 53, Newcastle Town to Public Bridleway pdf icon PDF 436 KB

Report of the Director of Corporate Services.

Additional documents:

Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application by Mrs P Whalley for a modification order under Section 53 of the Wildlife and Countryside Act 1981 to upgrade Footpath No 53, Newcastle Town to Bridleway.

 

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 which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality.

 

During their consideration of the application, Members had regard to the Appendices attached to the report including:- (i) a plan of the claimed route; (ii) DMMO Applications; (iii) User evidence forms; (iv) Ordnance Survey Maps; (v) 1987 Temporary Closure Order.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway which was not currently shown on the Definitive Map and Statement subsided along the claimed route.

 

RESOLVED – That (a) the report be received and noted

 

(b) the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that Public Bridleway rights do subsist along the route shown marked T-V on Plan 1 attached at Appendix A to this report and;

 

(c) an Order be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to a add the public bridleway, shown T-V on Plan 1 attached at Appendix A, to the Definitive Map and Statement of Public Rights of Way.

 

22.

Wildlife and Countryside Act 1981, Section 53 - Application for Public Bridleway from the junction of Public Footpaths, Newcastle Town no. 45, 46 &49 to Apedale Road pdf icon PDF 448 KB

Report of the Director of Corporate Services

Additional documents:

Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application by Mrs P Whalley for a modification order under Section 53 of the Wildlife and Countryside Act 1981 to add a Public Bridleway from the junction of Public Footpaths, Newcastle Town nos. 45, 46 & 49 to Apedale Road, near the Sawmill, Newcastle Borough.

 

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 which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality.

 

During their consideration of the application, Members had regard to the Appendices attached to the report including:- (i) a plan of the claimed route; (ii) DMMO Applications; (iii) User evidence forms; (iv) Ordnance Survey Maps; (v) 1987 Temporary Closure Order.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway which was not currently shown on the Definitive Map and Statement subsided along the claimed route.

 

RESOLVED – That (a) the report be received and noted

 

(b) the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that Public Bridleway rights do subsist along the route shown marked J-K on Plan 1 attached at Appendix A to this report and;

 

(c) an Order be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to a add the public bridleway, shown J-K on Plan 1 attached at Appendix A, to the Definitive Map and Statement of Public Rights of Way.

 

23.

Wildlife and Countryside Act 1981, Section 53 - Application for Public Bridleway from Prices Footrail to Public Footpath No 52 Great Row Mine. pdf icon PDF 445 KB

Report of the Director of Corporate Services

Additional documents:

Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application by Mrs P Whalley for a modification order under Section 53 of the Wildlife and Countryside Act 1981 to add a Public Bridleway from Prices Footrail, Public Footpath No 49 Newcastle Town to Public Footpath No 52 Newcastle Town Great Row Mine, Newcastle Borough.

 

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 which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality.

 

During their consideration of the application, Members had regard to the Appendices attached to the report including:- (i) a plan of the claimed route; (ii) DMMO Applications; (iii) User evidence forms; (iv) Ordnance Survey Maps; (v) 1987 Temporary Closure Order, (vi) Landowner Submissions, (vii) Moseley Railway Trust Submissions.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway which was not currently shown on the Definitive Map and Statement subsided along the claimed route.

 

RESOLVED – That (a) the report be received and noted

 

(b) the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that Public Bridleway rights do subsist along the route shown marked M-P on Plan 1 attached at Appendix A to this report and;

 

(c) an Order be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to a add the public bridleway, shown M-P on Plan 1 attached at Appendix A, to the Definitive Map and Statement of Public Rights of Way.

 

24.

Wildlife and Countryside Act 1981, Section 53 - Application to Upgrade Footpath No 54, Newcastle Town to Public Bridleway pdf icon PDF 438 KB

Report of the Director of Corporate Services

Additional documents:

Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application by Mrs P Whalley for a modification order under Section 53 of the Wildlife and Countryside Act 1981 to upgrade Footpath No 54, Newcastle Town to Bridleway.

 

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 which dealt with the weight to be given to the evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware that they should examine the evidence in its totality.

 

During their consideration of the application, Members had regard to the Appendices attached to the report including:- (i) a plan of the claimed route; (ii) DMMO Applications; (iii) User evidence forms; (iv) Ordnance Survey Maps; (v) 1987 Temporary Closure Order, (vi) Landowner Submissions, (vii) Moseley Railway Trust Submissions.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Bridleway which was not currently shown on the Definitive Map and Statement subsided along the claimed route.

 

RESOLVED – That (a) the report be received and noted

 

(b) the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude that Public Bridleway rights do subsist along the route shown marked Q-R on Plan 1 attached at Appendix A to this report and;

 

(c) an Order be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to a add the public bridleway, shown Q-R on Plan 1 attached at Appendix A, to the Definitive Map and Statement of Public Rights of Way.

 

 

25.

Exclusion of the public

The Chairman to move:-

 

“That the public be excluded from the meeting for the following items of

business which involve the likely disclosure of exempt information as

defined in the paragraphs of Part 1 of Schedule 12A (as amended) of

the Local Government Act 1972 indicated below”.

 

________________________________________________________

Part Two

(All reports in this section are exempt)

Additional documents:

Minutes:

RESOLVED – That the public be excluded from the meeting for the following items of business which involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 indicated below.

 

26.

Exempt minutes of the meeting held on 7 August 2020

(Exemption paragraphs 2, 6a and 6b)

Minutes:

RESOLVED – That the Exempt minutes of the meeting held on 7 August 2020 be confirmed and signed by the Chairman.

 

27.

Wildlife and Countryside Act 1981, Section 53 Modification Order Applications - Update

(exemption paragraphs 2, 6a and 6b)

 

Verbal report of Director of Corporate Services

 

Minutes:

(Exemption paragraph 2, 6a and 6b)