Agenda item

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 Footpaths13 and 77, Endon and Stanley to Public Bridleways.

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) Application; (ii) Plan; (iii) User Evidence Forms; (iv) Supportive Letters (7); (v) OS Maps and Plans; (vi) Salient Points From User Evidence Forms; (vii) Landowner Responses Forms; (viii) Statutory Consultee Responses.

Resolved – The Panel considered a report of the Director for Corporate Services for the upgrading of Public Footpath No 13 and 77, Endon and Stanley to Public Bridleways.

That the evidence that was submitted with the application for an upgrade to Footpath No 13 and 77, Endon and Stanley is sufficient to conclude that Public Bridleway’s subsisted along the Public Footpaths No 13 and 77, Endon and Stanley subsisted and therefore should be added to the Definitive Map and Statement of Public Rights of Way as such.

That an Order be made to add the alleged rights of way shown on the plan attached at Appendix Band marked A to B and C to D to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.

The Panel concluded that the width of the route shall be to the standard minimum width of 3 metres in respect of Footpath 77 and 2 metres in respect of Footpath 13. It was also noted that this is will not be a byway open to all traffic and will remain as intended.