Agenda and minutes

Countryside and Rights of Way Panel - Friday 16th February 2024 10:00am

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

Contact: Joanna Piech  Email: joanna.piech@staffordshire.gov.uk

Media

Items
No. Item

45.

Declaration of Interest

Additional documents:

Minutes:

There were no declarations of interest on this occasion.

 

46.

Minutes of meeting held on 19th January 2024 pdf icon PDF 139 KB

Additional documents:

Minutes:

Resolved – That the minutes of the meeting held on 19 January 2024 be confirmed and signed the Chairman.

47.

Wildlife and Countryside Act 1981 Application for the Addition of an Alleged Public Footpath from Mill Lane to Public Footpath 12 Kingstone pdf icon PDF 195 KB

Additional documents:

Minutes:

The Panel considered a report from the Director for Corporate Services for an application for the addition of an Alleged Public Footpath from Mill Lane to Public Footpath 12 Kingstone.

 

The report was presented verbally, to take Members through the evidence relevant to the application. 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:

  • Application Form 1
  • Plan of claimed route
  • Addendum 1 (Landowner Response Forms)
  • Addendum 2 (Local Cllr. Comments)
  • Deposited Railway Plans 1845 and 1846
  • Ordnance Survey Maps 1886 and 1901
  • Responses from Statutory Consultees

 

The Chair read out the local member comments in the email at addendum 2. The officer confirmed, whilst the Ordnance Survey Map cannot clarify the status of the route; the status is ratified by the evidence and description of the application route in the Deposited Railway Plan which had been through a parliamentary legal process.

 

The Panel decided that the available evidence submitted by the Applicant in the application at Appendix A is sufficient to show, that a Public Footpath is reasonably alleged to subsist along the route marked “A to B” on the plan attached at Appendix B to this report and therefore should be added to the Definitive Map and Statement of Public Rights of Way.

 

Decided – That (a) the evidence submitted by the applicant and that discovered by the County Council was sufficient to show, that a Public Footpath was reasonably alleged to subsist along the route marked “A to B” on the plan attached at Appendix B to this report and therefore should be added to the Definitive Map and Statement of Public Rights of Way.

 

(b) an Order be made to add the alleged Public Footpath marked “A to B” on the attached map at Appendix B to the Definitive Map and Statement of Public Rights of Way for the Borough of East Staffordshire.

 

(c) the route shall be to the standard minimum width of 1.5 metres throughout its length.

48.

Wildlife and Countryside Act 1981 Application to upgrade Public Footpath 56 Cotton to a Public Bridleway in the parish of Cotton pdf icon PDF 226 KB

Additional documents:

Minutes:

The Panel considered a report from the Director for Corporate Services for an application to upgrade Public Footpath 56 Cotton to a Public Bridleway in the parish of Cotton.

 

The report was presented verbally to take Members through the historical evidence relevant to the application. 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:

  • Copy of application and associated submitted letters and documents
  • Plan of claimed route
  • Copy of Inclosure Award evidence
  • Copy of Statement accompanying the draft Definitive Map
  • Copy of map “showing way other than a footpath”
  • Copy of 1 and a quarter mile Ordnance Survey Map
  • Copy of map “showing route as a RUPP”
  • Copy of Staffordshire County Council’s response to e-petition
  • Copy of extract from Kind v Secretary of State for the Environment Food and Rural Affairs
  • Copy of owner/occupier evidence form from Landowner 1
  • Copy of owner/occupier evidence form from Landowner 2
  • Copy of correspondence from statutory consultees
  • Copy of Parish Survey Card for Public Footpath 56
  • Copy of response to draft report from applicant and further evidence. Copy of officer’s response

 

The Panel decided that the available evidence submitted by the applicant and that discovered by the County Council was insufficient to show that, on a balance of probabilities, public bridle rights exist along the line of Public Footpath 56 Cotton Parish.

 

Decided – That (a) the evidence submitted by the applicant and that discovered by the County Council was insufficient to show that, on a balance of probabilities, public bridle rights exist along the line of Public Footpath 56 Cotton Parish.

 

(b) Public Footpath No 56 Cotton Parish which was subject to the claim remains as a footpath as currently shown on the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands

49.

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.