Agenda and draft minutes

Countryside and Rights of Way Panel - Friday 11th November 2022 10:00am

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

Contact: Kirsty Fenton  Email: kirsty.fenton@staffordshire.gov.uk

Media

Items
No. Item

37.

Declaration of Interest in accordance with Standing Order 16.2

Additional documents:

Minutes:

Councillor Winnington declared interest to item 39 as he is the local member.

38.

Minutes of meeting held on 14th October 2022 pdf icon PDF 164 KB

Additional documents:

Minutes:

Resolved - That the minutes of the meeting held on 14 October 2022 be confirmed and signed by the Chairman.

39.

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

40.

S53 Application alleged Footpath between Public Footpath No.11 and Public Bridleway No. 0.1287 Castle Church pdf icon PDF 449 KB

Report of the Director for Corporate Services

Additional documents:

Minutes:

Note by clerk: Councillor Worthington vacated the Chair and spoke to the Committee as Local Member before leaving the room during the consideration of the item. Councillor Smith took the Chair

 

The Panel considered a report of the Director for Corporate Services for an alleged footpath between public footpath No.11 and Public Bridleway No.01287 Castle Church.

 

The report was presented verbally to take Members through the various legal documentary and historical evidence relevant to the application. The Director also referred 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) Copy of Application; (ii) Copy of plan; (iii) User Evidence Forms; (iv) Applicant Covering Letter; (v) Table of Usage; (vi) Photographs submitted by the Applicant; (vii) Landowner response (viii Landowner response (Stafford Grammar School); (ix) Hyde Lea Parish Council Response to Consultation; (x) Stafford Grammar School Response to Consultation

 

The Panel decided that the available evidence was sufficient to conclude that the Public Footpath leading off public footpath No.11 and Public Bridleway No.01287 Castle Church. subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

 

Resolved – The panel considered a report of the Director for Corporate Services for an alleged footpath between public footpath No.11 and Public Bridleway No.01287 Castle Church.

That the evidence that was submitted by the Applicant was sufficient to show that a Public Footpath which was not shown on the Definitive Map and Statement for the Borough of Stafford, was reasonably alleged to subsist along the route shown marked on the plan attached at Appendix B and should be added to the Definitive Map and Statement of Public Rights of Way for the Borough of Stafford.

 

Note by clerk: Councillor Winnington retook the Chair.