Agenda item

The Panel considered a report by the Director for Corporate Services on an application submitted under Section 53 of the Wildlife and Countryside Act 1981 for the upgrading of Public Footpath No. 12 between Fleets Lane and BW9 Grindon to a Resticted Byway on the Definitive Map of Public Rights of Way.

The Director verbally presented various legal, documentary and historical pieces of evidence relevant to the application, explaining that the Panel was required to consider in totality all available evidence and apply relevant legal tests when deciding whether to accept or reject the application.

The Panel was presented with the following evidence:

A.   Copy of application and associated submitted letters and documents

B.   Plan of claimed route

C.   OS One inch map

D.  Ordnance Survey Manual

E.   OS 25-inch map

F.   1929 Handover Map for Leek Rural

G.  Landowner questionnaire from Landowner No. 1

H.  Landowner questionnaire from Landowner No. 2

I.    Copy of correspondence and further evidence submitted by the applicant and copy of officer’s response and copy of Parish Survey Card.

Decided –

(i) that the evidence submitted by the applicants and that discovered by the County Council is insufficient to show that Public Footpath 12 between Fleets Lane and BW9 Grindon should be regraded to a Restricted Byway.

(ii) that no Order under section 53(3(C)(ii) be made to upgrade part of Public Footpath 12, Grindon 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 as a Restricted Byway.