Agenda and minutes

Countryside and Rights of Way Panel
Friday, 15th June, 2018 10.30 am

Venue: White Room, County Buildings, Martin Street, Stafford. View directions

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

Items
No. Item

42.

Declaration of Interest in accordance with Standing Order 16.2

Minutes:

There were no Declarations of Interest made at the meeting.

43.

Minutes of meeting held on 29 May 2018 pdf icon PDF 121 KB

Minutes:

RESOLVED – That the minutes of the meeting held on 29 May 2018 be confirmed and signed by the Chairman.

44.

Variation in Order of Business

Minutes:

RESOLVED  - That the order of business on the Agenda be varied and item No. 6 “HS2 Rail Link” be now taken.

45.

HS2 Rail Link pdf icon PDF 128 KB

Briefing note by the Deputy Chief Executive and Director for Children and Families

Minutes:

The Panel received a briefing note from the Director of Economy Infrastructure and Skills updating them on recent developments with regard to HS2 – the proposed high speed rail link between London and the north, having regard to their Terms of Reference, in particular Public Rights of Way.

 

RESOLVED – That the contents of the briefing note be noted   

 

 

46.

Proposed Diversion of Public Bridleway No. 13(a) (Part) Alton Parish and Proposed Extinguishment of Public Footpath No. 13 Alton Parish pdf icon PDF 223 KB

Report of Deputy Chief Executive and Director for Families and Communities  

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director of Families and Communities regarding the proposed diversion of Public Bridleway No. 13(a) (Part) Alton Parish and proposed extinguishment of Public Footpath No. 13 Alton Parish under Section 119 and 118 of the Highways Act 1980 respectively.

 

Public Bridleway No. 13(a) ran between the Battlesteads area of Alton and Red Road in a south easterly direction. The route had been upgraded from Public Footpath status in December 2017. However, the definitive line of the path could not currently be used, either on horseback or bicycle, owing to development which had taken place at Dale Farm since the Modification Order application was made.

 

Whilst the previous owner of Dale Farm had successfully applied to divert part of Public Footpath No.13 away from his property, the Modification Order could not take this into account since the diverted route had not historically been used by horse riders. Therefore, the effect of both Orders was that Public Footpath No. 13 ran adjacent to (the obstructed) Public Bridleway No. 13a and the proposals under consideration sought to resolve these issues.

 

The effect of the Orders were to divert Public Bridleway No. 13(a) onto a new line which followed the diverted Public Footpath No. 13 and extinguish the Footpath as being no longer required having regard to the higher rights conferred by Bridleway status.  

 

Members noted that the proposals had been subject to informal consultation and advertisement on site and no objections had been received. The British Horse Society had stated their support for the re-organisation of the paths which they considered would have significant benefits for horse riders.

 

The new owners of Dale Farm had been working closely with the County Council and User Groups in order to identify a satisfactory solution and had agreed to meet the costs associated with the making of the Public Path Diversion Order which were estimated to be in the region of £2,500, providing that the County Council covered the costs associated with the costs of the Public Path Extinguishment Order also estimated to be in the region of £2,500. In addition, the British Horse Society had agreed to meet the costs of the two new bridle gates at either end of the route.

 

RESOLVED – (a) That the report be received an noted.

 

(b) That the Deputy Chief Executive and Director for Families and Communities be authorised to make an Order under Section 118 of the Highways Act 1980 to extinguish the full length of Public Footpath No. 13 Alton Parish as shown on Plan 1 attached to the report.

 

(c) That the Deputy Chief Executive and Director for Families and Communities be authorised to make an Order under Section 119 of the Highways Act 1980 to divert part of Public Bridleway No. 13(a) Alton Parish as shown on Plan 2 attached to the report.   

 

      

 

 

 

    

47.

Application for an Alleged Public Footpath between Public Footpath No. 3 Shobnall Parish and Shobnall Road pdf icon PDF 244 KB

Report of the Director of Strategy Governance and Change

Additional documents:

Minutes:

The Panel considered a report of the Director of Strategy Governance and Change regarding an application by Mr. G. Payne for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a footpath at Shobnall Parish. 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. The Director also made reference to case law that had been decided which 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 and make their decision based on the civil test of “balance of probability”.

 

During the course of their deliberations, Members considered in detail the user evidence which had been submitted, together with the correspondence from the various landowners and consultees.

 

In addition, they had regard to various legal, documentary and historical evidence which was appended to the report including (i) Application from Mr. G Payne; (ii) Plan of the claimed route; (iii) User Evidence Forms; (iv) Table of usage; (v) Letter from East Staffordshire Borough Council dated 2 July 2009; (vi) Letter from Allied Domecq Limited dated 21 March 1996 and; (vii) Letter from East Staffordshire Borough Council dated 3 June 1996.

 

The Panel discussed the application in detail and in light of the legislation, case law and on the basis of all the evidence presented they agreed that the application should be approved and a path added to the Definitive Map as a Footpath maintainable at the public expense on the line shown on the plan attached to the report.

 

RESOLVED  - (a) That the evidence submitted by the applicant and that discovered by the County Council is sufficient to show that a Public Footpath which is not shown on the Definitive Map and Statement for the District of East Staffordshire subsists along the route shown marked A to B on the plan attached to the report and should be added to the Definitive Map and Statement of Public Rights of Way as such.

 

(b) That an Order be made to add the alleged right of way shown on the plan attached to the report and marked A to B to the Definitive Map and Statement of Public Rights of Way for the District of East Staffordshire as a Public Footpath with a width of 1.5 metres.