Agenda and minutes

Countryside and Rights of Way Panel - Friday 12th February 2021 10:00am

Venue: Meeting to be conducted using Microsoft Teams - Microsoft Teams. View directions

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

Media

Items
No. Item

36.

Apologies

Additional documents:

37.

Declaration of Interest in accordance with Standing Order 16.2

Additional documents:

Minutes:

There were no Declarations of Interest on this occasion.

38.

Minutes of meeting held on 22 January 2021 pdf icon PDF 114 KB

Additional documents:

Minutes:

RESOLVED – That the minutes of the meeting held on 22 January 2021 be confirmed and signed by the Chairman

39.

Wildlife and Countryside Act 1981, Section 53 - Application for Public Footpath between Kingsford Lane and Compton Road pdf icon PDF 236 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 Mr M Reay for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Footpath between Kingsford Lane and Compton Road.

 

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) Kinver Compton Common Inclosure Award 1774; (iii) Title Award 1856; (iv) Landowner questionnaire from Mr Ives dated 27 July 1998.

 

Councillor Wilson, as the Local Member advised that she had no objections to the application.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Footpath, which was not currently shown on the Definitive Map and Statement, subsisted 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 Footpath at Kingsford Lane to Compton Road, Kinver subsists;

 

(c) an Order be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to add the right of way, shown on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way for the District of Stafford as a Public Footpath.

40.

Wildlife and Countryside Act 1981, Section 53 - Application for the upgrade of Public Footpath 26, Seighford Parish to Bridleway Status pdf icon PDF 322 KB

Report of Director of Corporate Services.

Additional documents:

Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application by Mr M Reay for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for the upgrade of Public Footpath 26, Seighford Parish to Bridleway Status.

 

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 Surveyors of Highways Report Book, ii) Auction Particulars (1813), iii) Finance Act (1910), iv) Seighford/Worston Tithe Map, v) County Maps 1798-late 1800’s.

 

The Panel decided that the available evidence was sufficient to conclude that a Public Footpath, which was not currently shown on the Definitive Map and Statement, subsided along the claimed route, however discussed that the route should be no wider than 2 meters.

 

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 Footpath 26, Seighford Parish which is shown along to route marked A to B on the plan attached at Appendix B to this report should be upgraded to bridleway status and added to the Definitive Map and Statement of Public Rights of Way, however the route should be no wider than 2 meters;

 

(c) an Order should not be made under Section 53(c)(i) of the Wildlife and Countryside Act 1981 to add the right of way, shown on the plan attached at Appendix B and marked A to B to the Definitive Map and Statement of Public Rights of Way for the division of Stafford Borough.

 

41.

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.

42.

Exempt minutes of meeting held on 22 January 2021

(Exemption paragraphs 2, 6a and 6b)

Minutes:

(Exemption paragraph 2, 6a and 6b)

43.

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

(Exemption paragraph 2, 6a and 6b)

Minutes:

(Exemption paragraph 2, 6a & 6b)