Agenda and minutes

Countryside and Rights of Way Panel
Tuesday, 29th May, 2018 3.00 pm

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

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

Items
No. Item

37.

Declaration of Interest in accordance with Standing Order 16.2

38.

Minutes of meeting held on 6 April 2018 pdf icon PDF 124 KB

Minutes:

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

39.

Officer Delegated Decision - Determination of Non-Contentious Public Path Order Applications pdf icon PDF 159 KB

Briefing Note of the Deputy Chief Executive and Director for Families and Communities                                                                                                                                            

Minutes:

The Panel received a briefing note from the Deputy Chief Executive and Director for Families and Communities regarding the future determination of non-contentious Public Path Order Applications made under (i) Sections 25, 26, 118, 118A, 119, 119A of the Highways Act 1980 and (ii) Section 257 and 258 of the Town and Country Planning Act 1990.

 

The Director outlined the previous arrangements for processing applications for Orders which included (i) initial checks by officers to ensure that the proposals met the relevant legal tests as laid down in statute; (ii) informal consultations with user groups, statutory consultees and other interested parties for their views and; (iii) reports/recommendations to the Panel for a decision.

 

Under the new arrangements approved by the County Council the Deputy Chief Executive and Director of families and Communities had been given delegated authority to determine non-contentious applications ie those where (i) no objections were raised to the proposal at the informal consultation stage and the applicant had agreed to pay the full costs; (ii) no more than two objections were raised to the proposal at the informal consultation stage and the applicant had agreed to pay the full cost.

 

However, if at least three objections were received to a proposal, irrespective of whether they were resolved at the informal consultation stage, the matter was to be referred to the Panel for a decision. In addition, proposals would be referred to the Panel in instances where the applicant had claimed hardship with a view to costs being met wholly or in part by the County Council.

 

It was anticipated that the new arrangements would (i) speed-up the decision making process; (ii) free-up the Panel's time to consider a greater volume of applications for Modification Orders to the Definitive Map of Public Rights of Way under Section 53 of the Wildlife and Countryside Act 1981 and to register Village Green and Common Land; (iii) enable officers to spend more time on statutory duties.    

 

 

40.

Application for a Modification Order to Upgrade Public Footpath No. 73, Longdon Parish to Bridleway Status pdf icon PDF 932 KB

Report of Director of Strategy, Governance and Change

Additional documents:

Minutes:

The Panel considered a report by the Director of Strategy Governance and Change regarding an application made by Mr. A. P Rowe for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to upgrade Public Footpath no. 73, Longdon Parish to Bridleway Status. 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 documents and evidence. The Director 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”.

 

In 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 and documentary evidence which was appended to the report including (i) application from Mr. A. P. Rowe dated 7 December 1998; (ii) Form of Certificate of Service of Notice of Application (iii) File note of 22nd June 2009; (iv) Current Definitive map and statement; (v) Current highways records details; (vi) list of consultees; (vii) photographs of claimed bridleway taken in March 2018; (viii) 1813 Ordnance Survey drawing; (ix) 1834 Ordnance Survey Map; (x) 1883 Ordnance Survey Map; (xi) 1903 Ordnance Survey Map; (xii) 1922 Ordnance Survey Map; (xiii) 1952 Ordnance Survey Map; (xiv) undated Ordnance Survey Map from Longdon Parish Council; (xv) Speed’s map; (xvi) Blaue’s map; (xvii) Bowen’s map; (xviii) Yates’ map; (xix) Smith’s map; (xx)Tithe map; (xxi) Parish Council claim card1949; (xxii) 1949 Survey map; (xxiii) Survey of Rights of Way Statement; (xxiv) Draft Definitive Map with Determined Objections 1960/62; (xxv) First Revised Map 1986-87; (xxvi) Third Revised Map 1999; (xxvii) Third Revised Statement 1999; (xxviii) Working Review Map; (xxix) Definitive Statement Bridleway 25, Longdon; (xxx) Inland Revenue Valuation Map (Finance Act 1910); (xxxi) Ministry of Agriculture, Fisheries and Food Survey; (xxxii) Land Registry information; (xxxiii) Correspondence with landowner 1999 and 2018; (xxxiv) Letter from Litchfield District Council 18/1/1999; (xxxv) Letters from Longdon Parish Council 1999 and 2018; (xxxvi) Letters from Ramblers Association 1999 and 2018; (xxxvii) E mail from British Horse Society 2018; (xxxviii) Letter from North Staffordshire Bridleways Association 2018; (xxxix) E mail from Peak and Northern Footpaths Society 2018; (xxxx) Letter to Michael Fabricant MP 1999; (xxxxi) Letter from Mrs. Pybus 1998; (xxxxii) Bartholomew’s map 1902-06; (xxxxiii) Photographs taken in 1997 and; (xxxxiv)User Evidence Forms.


 

 

During his presentation the Director highlighted the various comments which had been received on the report, from interested parties, since its publication.

 

The Panel discussed the application in detail and in light of the legislation,  ...  view the full minutes text for item 40.

41.

Application for a Modification Order to Add a Public Footpath at Mayfield Parish pdf icon PDF 837 KB

Report of 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 made by Mrs. H. Williams for a Modification Order under Section 53 of the Wildlife and Countryside Act 1981 to add a footpath at Mayfield 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 documents and the 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”.

 

In the course of their deliberations, members considered in details 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 and documentary evidence which was appended to the report including (i) application from Mrs. H. Williams dated 19 September 2015; (ii) Form of Certificate of Service of Notice of Application; (iii) current Definitive Map; (iv) current highways records details; (v) list of consultees; (vi) photographs of claimed footpath taken in March 2018; (vii) 1883 Ordnance Survey map; (viii) 1856 Ordnance Survey Map; (ix) 1885 Ordnance Survey map; (x)1900 Ordnance Survey map; (xi) 1920 Ordnance Survey Map; (xii)1940 Ordnance Survey Map; (xiii) 1948 Ordnance Survey map; (xiv) 1955 Ordnance Survey Map; (xv) 1966 Ordnance Survey Map; (xvi) 2008 Ordnance Survey map; (xvii) Speed’s map; (xvii) Blaue’s map; (xix) Bowen’s map; (xx) Yates’s map; (xxi) Smith’s map; (xxii) Tithe map; (xxiii) National Parks and Access to the Countryside Act 1949 Survey Map 1954; (xxiv) First Revised Survey map 1986-87; (xxv)Third Revised map 1999; (xxvi) plan relating to Birdsgrove House; (xxvii) sewerage map 1904; (xxviii) title plan 1929; (xxix) aerial photographs 1999- 2013; (xxx)

Google aerial image 2007; (xxxi) photographs of path supplied by applicant; (xxxii) map from applicant showing shortcuts; (xxxiii) extract of Harry’s Mayfield walks; (xxxiv) email from British Horse Society 2018; (xxxv) letter from North Staffordshire Bridleways Association; (xxxvi) email from Peak and Northern Footpath Society; (xxxvii) letter from Ramblers’ Association 2018; (xxxviii) letter from East Staffordshire Ramblers’ Association 2018; (xxxix) letter from East Staffordshire Borough Council 2018; (xxxx) email and attached letters from Mayfield Parish Council 2018; (xxxxi) Letter from Flint Bishop and Barnett and (xxxii) User Evidence Forms.

 

During his presentation, the Director highlighted the various comments which had been received on the report, from interested parties, since its publication.

 

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 unanimously that the application should be approved and the route added to the Definitive Map as  ...  view the full minutes text for item 41.