Agenda and draft minutes

Countryside and Rights of Way Panel - Friday 14th March 2025 10:00am

Venue: Oak Room, County Buildings, Stafford. View directions

Contact: Joanna Piech  Email: joanna.piech@staffordshire.gov.uk

Media

Items
No. Item

68.

Apologies

Additional documents:

Minutes:

Mark Winnington, Jill Waring, Jak Abrahams, David Williams

69.

Declaration of Interest

Additional documents:

Minutes:

There were no declarations of interest on this occasion.

70.

Minutes of meeting held on 21 February 2025 pdf icon PDF 170 KB

Additional documents:

Minutes:

Resolved – That the minutes of the meeting held on 21 February 2025 be confirmed and signed the Chairman.

71.

Wildlife and Countryside Act 1981 - Application for the Addition of a Public Bridleway Along Gradbach Mill Lane, to Black Brook, Quarnford pdf icon PDF 235 KB

Additional documents:

Minutes:

The Panel considered a report from the Director for Corporate Services for an application for the Addition of a Public Bridleway Along Gradbach Mill Lane, to Black Brook, Quarnford.

 

The report was presented verbally to take Members through the 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:

  • Application Form 1 and Applicant Evidence
  • Plan of claimed route
  • Applicant Evidence:

i. Quarter Sessions Stopping Up and Diverting Order,1874

ii. Bartholomew’s half inch to the Mile Map Sheet 13,1902

iii. Heaton Parish Rights of Way Survey, National Parks and Access to the Countryside Act, 1949

iv. Map taken from Staffordshire County Council Road and Maintenance Status site

  • Evidence Discovered by Staffordshire County Council:

i. Inclosure Award and Plans Townships of Alstonefield, Warslow Lower Elkstone, 1839;

ii. Handover Documentation in relation to the Parish of Quarnford.

iii. Ordnance Survey Maps

  • Evidence submitted by Landowner A
  • Evidence submitted by Statutory Consultee

 

Comments were received from the Local Member, they were not in support of Officer recommendations to add a Byway Open to All Traffic, but support the comments made by the Parish Council that the route should be a public bridleway only.

 

Members agreed that the evidence submitted was sufficient to conclude that a Byway Open to All Traffic, which is not shown on the Definitive Map and Statement subsists along the application route shown marked A to B on the plan attached at Appendix B to this report.

 

Decided – That:

(a)               the evidence submitted by the applicants and that discovered by the County Council was sufficient to conclude that a Byway Open to All Traffic, which is not shown on the Definitive Map and Statement subsists along the application route shown marked A to B on the plan attached at Appendix B to this report.

(b)               an Order should be made to add a Byway Open to All Traffic shown on the plan attached at Appendix B and marked A to B to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.

72.

Wildlife and Countryside Act 1981 - Application for the Addition of a Bridleway – Michael’s Lane, Wootton pdf icon PDF 230 KB

Additional documents:

Minutes:

The Panel were presented with a report from the Director for Corporate Services for an application for the Addition of a Bridleway – Michael’s Lane, Wootton.

 

The report was presented verbally to take Members through the 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:

 

  • Application Form 1
  • Plan of claimed route
  • Evidence

i. Road and maintenance status Records – Staffordshire CC 2020

ii. Staffordshire list of streets 2018

iii. Handover Map 1929

iv. Ellastone Wootton Tithe Map 1844

v. Extract of Yates Map 1798

vi. Ordnance Survey Maps

  • Ordnance Survey Maps / Commercial Maps
  • Landowner Correspondence

 

No comments were received from the local member.

 

Members agreed that the evidence was sufficient to show that a Byway Open to All Traffic, which is not shown on the Definitive Map and Statement is reasonably alleged to subsist along the route shown marked B to D on the plan attached at Appendix B to this report.

 

Decided – That:

(a)  the evidence submitted by the applicants and that discovered by the County Council was sufficient to show that a Byway Open to All Traffic, which was not shown on the Definitive Map and Statement was reasonably alleged to subsist along the route shown marked B to D on the plan attached at Appendix B to this report.

(b)  an Order should be made to add a Byway Open to All Traffic shown on the plan attached at Appendix B and marked B to D to the Definitive Map and Statement of Public Rights of Way for the District of East Staffordshire

 

73.

Wildlife and Countryside Act 1981 - Application for the Addition of a Byway Open to All Traffic between highway next to Brann Farm and highway north east of Chapel at Offley Marsh, Eccleshall pdf icon PDF 218 KB

Additional documents:

Minutes:

The Panel considered a report from the Director for Corporate Services for an application for the Addition of a Byway Open to All Traffic (BOAT) between highway next to Brann Farm and highway north-east of Chapel at Offley Marsh, Eccleshall.

 

The report was presented verbally to take Members through the 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:

  • Copy of application and associated submitted letters and documents
  • Plan of claimed route
  • Inclosure Award 1845 - Photocopy extract First Edition Ordnance Survey map 1884
  • Landowner Response Forms (1998)
  • Local footpath secretary letter Stafford Borough Council Letter Eccleshall Parish Council letter.

 

Local member comments were received with no objections to the application.

 

Members agreed that the evidence was sufficient to conclude that a Byway Open to All Traffic which was not shown on the Definitive Map and Statement subsists along the line of the route marked A to B on the plan attached at Appendix B on the balance of probabilities.

 

Decided – That:

(a)               the evidence submitted by the applicants and that discovered by the County Council was sufficient to conclude that a Byway Open to All Traffic which was not shown on the Definitive Map and Statement subsists along the line of the route marked A to B on the plan attached at Appendix B on the balance of probabilities.

(b)               an Order should be made to add the alleged public right of way, shown marked A to B, on the plan attached at Appendix B to the Definitive Map and Statement of Public Rights of Way as a Byway Open to All Traffic for the Borough of Stafford.

(c)         that the minimum width of the route be 15 feet, as in the Inclosure Award.

74.

Wildlife and Countryside Act 1981 - Application For the Upgrade of Public Footpath 16, Waterhouses and Part of Public Footpath 20, Waterhouses to Public Bridleways and For the Addition of a Public Bridleway from Public Footpath 20, Waterhouses to the River Hamps and from Public Footpath 20, Waterhouses to Pikelow Lane, Waterhouses pdf icon PDF 266 KB

Additional documents:

Minutes:

The Panel were presented with a report from the Director for Corporate Services for an application for the Upgrade of Public Footpath 16, Waterhouses and Part of Public Footpath 20, Waterhouses to Public Bridleways and For the Addition of a Public Bridleway from Public Footpath 20, Waterhouses to the River Hamps and from Public Footpath 20, Waterhouses to Pikelow Lane, Waterhouses.

 

The Panel were presented with some late User Evidence in addition to the original application, which was thoroughly considered by Officers and circulated to members prior to the panel meeting.

 

The report was presented verbally to take members through the report, the historical evidence and additional late submission of user 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:

  • Copy of application and associated submitted letters and documents
  • Plan of claimed route
  • Evidence:

i. Plan and Book of Reference for the Leek, Caldon Low and Hartington Light Railway, 1901

ii. Plan of the proposed station and goods yard at Sparrow Lea by Joseph Forsyth, 1900

iii. National Parks & Access to the Countryside Act 1949 Staffordshire County Council: Survey of Rights of Way - Waterhouses Parish Survey Cards RP16, 1951

iv. Extract of OS 25” to 1 mile map Staffordshire XIV.2,1899

v. Ordnance Survey Drawing Ashbourne area dated circa 1790 – 1840

vi. Ordnance Survey First Series Map Sheet 72 dated,1985

vii. Photographic evidence on the ground, 2023

  • i. Tithe Map
  • ii. Parish Survey Cards
  • iii. Peak Park Orders 1989
  • iv. Deposited Railway Plan (SCC Evidence)
  • v. OS Plans SCC Evidence
  • Landowner Correspondence
  • Applicant Comments and Further Evidence following Consultation

 

No comments were received from the local member.

 

Members agreed that the evidence was not sufficient to conclude that a Public Bridleway, subsists along the application route shown marked A to B, B to C, C to D and C to E on the plan attached at Appendix B to this report.

 

Decided – That:

(a)               the evidence submitted by the applicants and that discovered by the County Council was not sufficient to conclude that a Public Bridleway, subsists along the application route shown marked A to B, B to C, C to D and C to E on the plan attached at Appendix B to this report.

(b)               an Order should not be made to add the alleged route shown on the plan attached at Appendix B and marked C to D and C to E to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.

(c)         an Order should not be made to upgradethe alleged route shown on the plan attached at Appendix B and marked A to B and B to C to the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands.

75.

Exclusion of the Public

The Chairman to move:

 

“That the public be excluded from the meeting for the following items of business which involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 indicated below”.

______________________________________________________

 

Part Two

(All reports in this section are exempt)

 

Additional documents:

Minutes:

That the public be excluded from the meeting for the following items of business which involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 indicated below.