Agenda item

The Panel considered a report from the Director for Corporate Services for an application for the addition of a Byway Open to All Traffic from Clayalders Bank to Footpath 62 Eccleshall.

The report was presented verbally to take Members through the various legal documentary and historical evidence relevant to the application. 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:

• Plan of claimed Route
• Copy of application 
• Copy of 1910 Finance Act Plan
• Copy of Podmore Tithe Map dated 1838
• Copy of O.S. Map dated 1817
• Copy of Teesdale Map dated 1832
• Landowner Evidence Form and Plan showing the extent of their land
• Comments received from Statutory Consultees

The Panel decided that the available evidence was not sufficient to conclude that a public right of way of any status from Clayalders Bank to Footpath 62 Eccleshall subsisted and should not be added to the Definitive Map and Statement of Public Rights of Way as such.

Decided – That (a) the evidence submitted by the applicant was not sufficient to reasonably allege that a public right of way of any status which is not shown on the Definitive Map and Statement, shown marked A to B on the plan attached at Appendix A to this report exists.  

(b) an order should not be made to add the alleged public right of way, shown A to B on the plan attached at Appendix A, to the Definitive Map and Statement of Public Rights of Way as a byway open to all traffic, or as a public right of way of any other status.