Agenda and draft minutes

Countryside and Rights of Way Panel - Friday 18th February 2022 10:00am

Venue: Oak Room, County Buildings, Stafford. View directions

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

Media

Items
No. Item

65.

Apologies

Additional documents:

66.

Declaration of Interest in accordance with Standing Order 16.2

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Minutes:

There were no Declarations of Interest on this occasion.

67.

Minutes of meeting held on 28 January 2022 pdf icon PDF 168 KB

Additional documents:

Minutes:

RESOLVED – That the minutes of the meeting held on 28 January 2022 be confirmed and signed by the Chairman.

68.

Highways Act 1980, Section 119 Proposed Diversion of Public Footpaths, Quarnford no.29 (part) and No.34 (part) at Glead Tail, Quarnford pdf icon PDF 149 KB

Report of the Deputy Chief Executive and Director for Families and Communities.

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director for Families and Communities regarding the proposed diversion of Public Footpaths, Quarnford NO.29 (part) & No.34 (part) at Glead Tail, Quarnford.

 

The report was presented verbally to take Members through the various legislative criteria. It was reported that the owners of Glead Tail had applied to Staffordshire County Council on 18th June 2020 to divert the footpaths away from the residential property and garden onto the alignment shown by a by a broken black line A-E-D and C-F-D on Plan 1 within appendix A in the report. The Panel were advised that the applicants considered that the application would increase their privacy and enjoyment of the outside areas of the property and reduce the feeling of intrusiveness for members of the public using the footpaths.

 

RESOLVED – That (a) 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 Footpaths No 20 (pt) & No 34 (pt) at Glead Tail in the Parish of Quarnford as shown on Plan 1 attached to the report.

 

69.

Highways Act 1980 - Section 118 & 119 Proposed Concurent Diversion & Extinguishment Orders Public Footpaths - Tamworth 81 c and 83 at Wilnecote Quarry Tamworth pdf icon PDF 252 KB

Report of the Deputy Chief Executive and Director for Families and Communities.

 

Additional documents:

Minutes:

The Panel considered a report of the Deputy Chief Executive and Director for Families and Communities regarding the proposed Concurrent Diversion & Extinguishment Orders Public Footpaths, Tamworth 81c and 83 at Wilnecote Quarry Tamworth.

 

The report was presented verbally to take Members through the various legislative criteria. It was reported that the previous owners of the Wilnecote Quarry site obtained planning permission to undertake quarrying works however failed to obtain the necessary permissions to divert or extinguish the affected sections of Public Footpaths, Tamworth 81c and 83 where they cross the quarry site. It was reported that as a result, parts of these two footpaths have been destroyed by the quarrying operations and there was no reasonable chance of the footpaths being reinstated.

 

The Panel were advised that the current site owners have submitted an application to concurrently divert the parts of Public Footpaths, Tamworth No 81c and 83 shown by a solid black line (A-B-C) On Plan 1 at appendix A in the report onto the alignment shown by a broken black line (A-C) on Plan 1 at appendix A in the report.

 

RESOLVED – That (a) the Deputy Chief Executive and Director for Families and Communities be authorised to make concurrent Order sunder Section 119 of the Highways Act 1980 to divert and extinguish parts of Public Footpaths No81c & No 83 at Wilnecote Quarry in the Parish of Tamworth as shown on Plans 1 & 2 attached to the report.

 

70.

Wildlife and Countryside Act 1981 - Application for the Addition of an Alleged Public Right of Way from Ivetsey Road to Bellhurst Lane, Wheaton Aston pdf icon PDF 531 KB

Report of the Director for Corporate Services.

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Minutes:

The Panel considered a report of the Director of Corporate Services regarding an application from Mrs S C Bonner for a modification order under Section 53 of the Wildlife and Countryside Act 1981 for a Public Bridleway from Ivetsey Road to Bellhurst Lane, Wheaton Aston.

 

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) User Evidence forms; (ii) Salient Points from User Evidence forms; (iii) Six Pieces of Documentary Evidence; (iv) Former Landowner Evidence form; (v) Statutory Consultee Evidence and (vi) Letter from Staffordshire County Council.

 

The Panel Decided that that the available evidence was sufficient to conclude that a Public Bridleway from Ivetsey Road to Bellhurst Lane, Wheaton Aston subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

 

DECISION – That (a) the evidence submitted by the Applicant and that discovered by the County Council was sufficient to show that on the balance of probabilities a Public Bridleway from Ivetsey Road to Bellhurst Lane, Wheaton Aston which is not shown on the Definitive Map and Statement subsisted.

 

(b) an Order be made to add the alleged Right of Way shown on the plan attached at Appendix B and marked C to D to the Definite Map and Statement of Public Rights of Way for the District of Stafford as a Public Bridleway.

71.

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 12 A (as amended) of the Local Government Act 1972 indicated below.

72.

Exempt minutes of the meeting held on 28 January 2022

(Exemption paragraph 2, 6a & 6b)

Minutes:

RESOLVED – That the exempt minutes of the meeting held on 28 January 2022 be confirmed and signed by the Chairmen.

73.

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

Verbal update of the Director for Corporate Services.

 

(Exemption paragraph 2, 6a and 6b)

Minutes:

(Exemption paragraphs 2, 6a & 6b)