Minutes:
The Panel considered a report from the Director of Corporate Services of the Wildlife and Countryside Act 1981 Section 53 for an application to upgrade Public Footpath No 41,84 and 0.1797 Leekfrith to a Bridleway.
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; (ii) Plan of claimed route; (iii) Handwritten letter received from Local Councillor; (iv) User Evidence Forms; (v) Letter from Staffordshire Moorland Bridleways Group, dated 27th August 2019; (vi) User Evidence Matrix; (vii) Extract of Peakland Roads and Pathways 2nd Edition by A E Dodd and E M Dodd; (viii) Extract from British History Online – A history of the County of Stafford Volume 7 Published by Victoria County History 1996; (ix) Emanual Bowen map extract of Staffordshire dated 1749; (x) Public Footpath 41 Parish Survey Cards dated 1951; (xi) Path Creation Agreement Public Footpath 84 Leekfrith; (xii) S.o.R.o.W. book and objection map and records sheet Public Footpath 01791; (xiii) Rights of Way hearing held on 20 July 1956; (xiv) Peak District National Park landowner evidence form 2002; (xv) Staffordshire Wildlife Trust Landowner Evidence Form; (xvi) Landowner response email 2019.
Resolved – The Panel considered a report of the Director for Corporate Services for the upgrading of Public Footpath No 41, 84 and 0.1791 Leekfrith.
The Panel agreed unanimously that the evidence submitted with the application for an upgrade to part of Footpath 41, 84 and 0.1791 Leekfrith is insufficient to show that part of public footpath 41, public footpath 84 and public footpath 0.1791 Leekfrith Parish should be added as a highway of a different description, namely a Bridleway, to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.
That no Order be made to upgrade the alleged right of way shown on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.
Supporting documents: