Report of the Director for Corporate Services
The Panel considered a report of the Director for Corporate Services for an alleged footpath leading off Public Footpath 23, Ellastone along Green Lane to Public Footpath 3, Denstone.
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) Copy of application and associated submitted letters and documents; (ii) Plan of claimed route; (iii) Ramshorn Tithe Map dated 1847; (iv) Prestwood Tithe Map dated 1844; (v) Deposited Railway Plan dated 1845; (vi) 1910 Finance Act Plans & Field Book; (vii) Ordnance Survey Maps & Wright & Charrington Motoring Cycling and Touring Map of the early 1900’s; (viii) Yates Map dated 1775; (ix) Plan of the Earl of Shrewsbury and Earl of Talbot Estate; (x) Letter from JC Bamford Excavators Ltd; (xi) Letters from Denstone Parish Council; (xii) Copies of correspondence from statutory consultees and; (xiii) Copy of correspondence from landowners’ solicitors (Bamford) in response to draft report and officers response.
The Panel decided that the available evidence was sufficient to conclude that the Public Bridleway leading off Public Footpath 23, Ellastone along Green Lane to Public Footpath 3, Denstone subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.
Resolved – (a) That the evidence submitted by the applicant was sufficient to show that a Public Bridleway which was not shown on the map has been reasonably claimed to subsist along the route that was showed on the plan attached at Appendix B to this report and should be added to the Definitive Map and Statement of Public Rights of way as such, rather than the claimed for Public Footpath.
(b) That an Order be made to add the alleged right of way shown marked A-B on the plan attached at Appendix B to this report, to the Definitive Map and Statement of Public Rights of Way for the District of East Staffordshire as a Public Bridleway.