Agenda and minutes

Countryside and Rights of Way Panel
Friday, 5th April, 2019 11.00 am

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

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

Items
No. Item

84.

Declaration of Interest in accordance with Standing Order 16.2

Minutes:

There were no Declarations of Interest made at this meeting.

85.

Minutes of meeting held on 8 February 2019 pdf icon PDF 79 KB

Minutes:

RESOLVED – That the minutes of the meeting held on 8 February 2019 be confirmed and signed by the Chairman.

86.

Wildlife and Countryside Act 1981 - Application to Upgrade to a Bridleway at Church Lane, Footpath 28 to Sharpcliffe Lodge, Footpath 29 Ipstones pdf icon PDF 193 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 Ms. L. Redfern for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to upgrade Public Footpath Nos. 28 and 29 Ipstones 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 copy of the Application and associated submitted letters and documents; (ii) a plan of the routes of the alleged Bridleways; (iii) copies of the user evidence forms submitted; (iv) historical maps submitted; (v) Parish survey cards for Public Footpath Nos. 28 and 29 Ipstones Parish; (vi) an Owner Evidence Form submitted by Mrs. Hudson; (vii) an Owner Evidence Form submitted by Dr. Uppal; (viii) an Owner Evidence Form submitted by Mr. Roach; (ix) an Owner Evidence Form submitted by Mrs. Bradbury; (x) an Owner Evidence Form submitted by Mr. Hidderley; (xi) email correspondence from Staffordshire Moorlands Bridleway Group giving comments on the report.

 

Members were also provided with a complete copy of a letter dated 28 March 2016 from Andrew and Sandra Roach which had been submitted with Mr. Roach’s user evidence form ((viii) above), during the meeting. The Director also reported his response to this letter, to Members, verbally.      

 

During the discussion which ensued, Members sought clarification regarding paragraph 95 of the report which stated that officers considered the user evidence submitted was insufficient to satisfy the test for statutory and common law dedication, as out in Section 31 of the Highways Act 1980. In reply, the Director confirmed that this was a typographical error and said that he considered the user evidence was sufficient to satisfy the Section 31 tests.

 

In response to a question from a Member, the Director confirmed that all the relevant land owners had been contacted regarding the Section 53 application.

 

Following their detailed consideration of the application, the Panel decided that from the available evidence the civil test of ‘Balance of Probabilities’ was satisfied in relation to Section 53 (c)(ii) of the Act ie ‘that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description’ owing to the user evidence which had been submitted and the absence of evidence to show either (i) that the usage had been challenged by the land owners or; (ii) that there had been an intension not to dedicate the routes as Public Bridleways during the 20 year period.

 

RESOLVED – (a) That the report be  ...  view the full minutes text for item 86.

87.

Wildlife and Countryside Act 1981 - Application for an Alleged Byway Open to All Traffic between A449 Adjacent Crateford Lane to Gravelly Way Bridge, South Staffordshire pdf icon PDF 135 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 to add a Byway Open to All Traffic (BOAT) between A449 adjacent to Crateford Lane to Gravelly Way Bridge, South Staffordshire to the County Council’s Definitive Map of Public Rights of Way.

 

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 that evidence and gave guidance on the legal tests which they should apply. In applying these tests, Members were made aware 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 copy of the application and associated submitted letters and documents; (ii) a plan of the claimed route marked A-B-C; (iii) Deposited Railway Plan Q/RUM 77; (iv) Finance Act 1910 evidence; (v) Tithe Map and Award; (vi) Teesdale’s and Greenwood’s Maps; (vii) Ordnance Survey Maps; (viii) Deposited Railway Plan Q/RUM 72; (ix) Deposited Railway Plan Q/RUM 78; (x) Correspondences and owner evidence from Inspect Fine Chemicals Limited; (xi) Owner Evidence Form and associated documents from Rail Track; (xii) Owner Evidence Form from William Lewis of Gravelly Way Farm; (xiii) Owner Evidence Form and maps from Peirs Monckton; (xiv) a new plan of the claimed route A-B-C.

 

In addition, the Director drew Members’ attention to (i) further comments received from Brewood and Coven Parish Council since publication of the Agenda and papers for the meeting (attached at Appendix A to the signed minutes of the meeting) and; (ii) his email reply of 3 April to the letter of representation received from Wardhadaway dated 27 March 2019 on behalf of their Client’s, the Canal and River Trust (Appendix B to the signed minutes).   

 

Following their detailed consideration of the application, the Panel decided that from the available evidence, the civil test of ‘Balance of Probabilities’ was satisfied in relation to Section 53 (c)(i) of the Act ie ‘that a Right of Way which is not shown in the Map and Statement subsists’ along that section of the claimed route marked A-B, owing to the documentary evidence discovered. However, with regard to B-C, this section of the claimed route could not be considered to be a Public Right of Way on the basis of ‘Balance of Probabilities’ owing to its omission from the Deposited Railway Plans. Furthermore, the evidence submitted by the applicant and that discovered by the County Council was insufficient to support the existence of public rights based on the lesser test of ‘Reasonable Allegation’.       

 

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


 

 

(b) That the evidence submitted by the applicant and that discovered by the County Council is sufficient to conclude on the balance of probabilities that a Byway Open  ...  view the full minutes text for item 87.