Agenda and minutes

Countryside and Rights of Way Panel
Friday, 10th August, 2018 10.00 am

Venue: Ivanovo Room - County Buildings. View directions

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

Items
No. Item

52.

Declarations of Interests in accordance with Standing Order 16.2

Minutes:

County Councillor Mike Worthington declared in an interest in the matters included in Agenda item No. 5 – “Application for the Addition of a Public Footpath from Cheadle Road to Public Footpath No. 39 at Woodlands, Cheadleton Parish and took no part in the decision set out in minute No. 55 below. 

53.

Minutes of meeting held on Friday 13 July 2018 pdf icon PDF 110 KB

Minutes:

RESOLVED – That the minutes of the meeting held on 13 July 2018 be confirmed and signed by the Chairman.

54.

Variation in Order of Business on the Agenda

Minutes:

RESOLVED – That the order of business on the Agenda be varied and that Item No. 5 – “Application for the Addition of a Public Footpath from Cheadle Road to Public Footpath No. 39 at Woodlands, Cheadleton Parish”, be now considered.

55.

Application for the Addition of a Public Footpath from Cheadle Road to Public Footpath No. 39 at Woodlands, Cheadleton Parish pdf icon PDF 311 KB

Urgent 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. M. Reay for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a right of way running from Cheadle Road to Public Footpath No. 39 at Woodlands, Cheadleton Parish to the County Council’s Map and Statement of Public Rights of Way. Although the report stated that the recommendation was to add a footpath, the Director informed them that this was a typographical error and that it should read that the recommendation was for a Bridleway to be added. In addition, the Director reminded them the matter had originally been included on the Agenda for their meeting on 13 July 2018. However, they had deferred determination of the application pending consideration of potential additional evidence which had come to light since publication of the Agenda.

 

The Chairman agreed that this item be considered as a matter of urgency under the provisions of Section 100B (4) (B) of the Local Government Act 1972 having regard to the report which had been published without the required notice. The reason for the urgency was that the Sectary of State for the Environment had issued the Authority with a Direction to determine the application and the matter had not been included on the original Agenda owing to the potential additional evidence which was still being investigated.      

 

However, Members were asked to consider all the evidence now available and apply the relevant legal tests in reaching a 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 and apply the legal tests.

 

Members had regard to the appendices attached to the report including:- (i) a copy of the application and associated submitted letters and documents; (ii) a plan of the claimed route; (iii) a Quarter Session Order dated 23 March 1807 submitted by the applicant; (iv) Smith’s 1801 map submitted by the applicant; (v) Yeats’s 1775 map submitted by the applicant; (vi) various Ordnance Survey maps submitted by the applicant; (vii) Quarter Session Order dated 2 March 1807 discovered by the County Council; (viii) Quarter Session annex map dated 23 March 2807; (ix) Letters to the County Council from Mr. Haigh dated 24 November and 2 December 1999; (x) previous landowner questionnaire from Mr. Haigh dated 2 November 1999; (xi) previous landowner questionnaire from Mr. Castle dated 16 November 1999; (xii) current landowner questionnaire from Mr. Pointon dated 14 May 14 May 2018; (xiii) annotated map showing the new route and the old route.

 

During his presentation of the report the Director referred to the correspondence he had received from Knights, Solicitors  ...  view the full minutes text for item 55.

56.

Wildlife and Countryside Act 1981, Section 53 - Application for an Alleged Public Footpath from Trentham Road near New Hayes Farm to Butterton Road near Park Manor, Whitmore Parish, Newcastle-under-Lyme pdf icon PDF 328 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. M. Reay for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a Footpath running from Trentham Road near New Hayes Farm to Butterton Road near Park Manor, Whitmore Parish, Newcastle-under-Lyme Borough 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 reaching 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.

 

During their consideration of the application, Members had regard to the appendices attached to the report including:- (i) a copy of the application; (ii) a copy of the plan showing the route claimed by Mr. Reay; (iii) a copy of the Quarter Sessions Order and transcript 8 September 1820; (iv) a copy of Quarter Sessions Order Map and transcript 8 September 1820; (v) a copy of Certificate of Completion and transcript 10 January 1821; (vi) a copy of 1889 OS Map; (vii) a copy of 1900 and 1951 OS Maps; (vii) a copy of 1953 Parish Survey cards; (viii) a copy of Thomas Hargreaves’ Map 1832; (ix) a copy of Landowner Form; (x) a copy of Map showing route; (xi) a copy of Mr. M Reay’s comments received by the County Council on 16 March 2015; (xii) a copy of a letter from the Director of Democracy Law and Transformation dated 7 April 2015 in reply to Mr. Reay’s comments.

 

In presenting the report the Director informed Members that Mr. Reay was also claiming a link from point A on the plan attached as Appendix L, running in a generally south westerly direction to Wisper Lane, amounting to approximately 30 metres in length, as a Public Footpath. However, no evidence had so far been discovered by the County Council to support this claim and therefore it could not be included in the matters currently before the Panel for determination. 

 

During the discussion which ensued the Chairman clarified the County Council’s maintenance and enforcement responsibilities with regard to Public Rights of Way.  

 

Following detailed consideration of the report, the Panel decided that from the available evidence, the ordinary civil test of ‘balance of probabilities’ was satisfied and that the claimed route shown A to B and C to D on the plan attached as Appendix L to the report should be added to the Definitive Map and Statement as a Public Footpath.

 

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

 

 

 

(b) That the evidence submitted by the applicant and discovered by the  ...  view the full minutes text for item 56.

57.

Date of Next Meeting - Friday 21 September 2018 at 10.00 am, County Buildings, Stafford

Minutes:

RESOLVED – That the date, time and venue of the next meeting be noted.

58.

Exclusion of the Public

The Chairman to move:-

 

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

Minutes:

RESOLVED – That the public be excluded from the meeting for the following item of business which involved 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

59.

Application to Alter the Definitive Line of Public Footpath No. 34 Swinnerton Parish

(exemption paragraphs 2 and 3)

 

Urgent exempt report of the Director of Strategy Governance and Change

Minutes:

(exemption paragraphs 2 and 3)

 

The Panel received a report of the Director of Strategy Governance and Change regarding an application by Mr. Dixon to alter the definitive line of Public Footpath No. 34 Swinnerton Parish, Stafford Borough and took a decision thereon.