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 35, Ipstones to a Public 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 and associated submitted letters and documents; (ii) Plan of claimed route; (iii) Copy of Ordnance Surveyors Drawing circa 1840; (iv) Copy of Cary’s map of 1787; (7); (v) Copy of C. Smith’s map of 1801; (vi) Copy of Countryside Act 1968 Definitive Map; (vii) Copy of Bradnop Inclosure Award of 1769; (viii) Copy of correspondence from SMBG with comments in response to draft report and copy of officer’s response; (ix)

Resolved – The Panel considered a report of the Director for Corporate Services for the upgrading of Public Footpath No 35, Ipstones

That the evidence submitted by the applicant and that discovered by the County Council was insufficient to show that there was enough evidence to upgrade Public Footpath No 35, Ipstones to a Public Bridleway.

Councillor Winnington made a query where on page 338 it showed there were Bridle gates and asked why they were there if this is not in fact a Bridleway. The Officer advised the information they had was that the Bridle gates were erected unlawfully.

Councillor Winnington asked the Members on their thoughts to whether Public Footpath No 35, Ipstones should be upgraded to a Bridleway.

Councillor Smith and Councillor Abrahams were both in agreement to go against Officer’s recommendations and therefore Public Footpath No 35, Ipstones should be upgraded to a Bridleway.

A vote took place to clarify whether the Panel should go against the Officer’s recommendation, the results of this were unanimous in favour to upgrade Public Footpath No 35, Ipstones.

That Public Footpath No 35 Ipstones which is subject to the claim is upgraded as a Bridleway and is added and shown on the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.