Agenda and minutes

Countryside and Rights of Way Panel - Friday 13th September 2024 10:00am

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

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

Media

Items
No. Item

16.

Apologies

Additional documents:

Minutes:

Jak Abrahams, Jill Waring and David Williams.

17.

Declaration of Interest

Additional documents:

Minutes:

Member

Minute Nos.

Interest

Reason

Mark Winnington

23

Personal 

Business Use

 

18.

Minutes of meeting held on 9 August 2024 pdf icon PDF 161 KB

Additional documents:

Minutes:

The Clerk made members aware of minor amendments to the minutes of 9 August that were signed off previously.

 

It was shared that the amendments related to item 6 & 7. In addition, information referring to footpath width were included.

 

Decided:

That the amended minutes of the meeting held on 9 August 2024 be confirmed and signed the Chairman.

19.

Minutes of meeting held on 16 August 2024 pdf icon PDF 154 KB

Additional documents:

Minutes:

That the minutes of the meeting held on 16 August 2024 be confirmed and signed the Chairman.

 

20.

S53 Delegated Decisions

There are no decisions that have been determined via delegated powers on this occasion, as set out in the County Council’s Scheme of Delegation.

Additional documents:

Minutes:

Officers confirmed there were no decisions that have been determined via delegated powers on this occasion, as set out in the County Council’s Scheme of Delegation.

21.

Wildlife and Countryside Act 1981 - Application for the Upgrade of Public Footpath 17, (part) Warslow and Elkstones, to a Public Bridleway and the Addition of a Public Bridleway Either Side from Stoneyfold Lane pdf icon PDF 318 KB

Additional documents:

Minutes:

The Panel considered a report from the Director for Corporate Services for an application for the Upgrade of Public Footpath 17, (part) Warslow and Elkstones, to a Public Bridleway and the Addition of a Public Bridleway Either Side from Stoneyfold Lane.

 

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 - A1 – Application, A2 – Application Statement
  • B- Application Plan
  • Evidence Submitted by the Applicant:

C1 – Extract of Alstonefield Inclosure Award – 1839

C2 - Survey of Warslow – 1841

C3 – Extract of Ordnance Survey Map - 1842

C4 Photograph of Track - (contemporary)

  • D- Landowner Response Form
  • Evidence Discovered by the County Council:

E1(a) Extract - Public Carriage Roads Alstonefield Inclosure Award (showing widths over 30 feet) -1839

E1(b) Extract – Private Carriage and Drift Roads - Alstonefield Inclosure Award (showing widths under 30 feet) -1838

E2 Harpur Crewe Estate Plan – 1951

  • F - Statutory Consultee Responses
  • Addendum - Applicants Response:

Appendix 1 - This deals with the evidence of the Alstonefield Enclosure Award, questioning some of the conclusions made by SCC and dealing with what, I consider, is a misinterpretation of the award.

Appendix 2 - This contains additional evidence provided by the 1910 Finance Act Map of the area in question

Appendix 3 - Evidence from the relevant files to show that the track in question, and the footpath alongside it, shown on the OS map used by the surveyors, were ignored by the persons responsible for carrying out the 1949 Survey

Appendix 4 - Maps. The following maps are appended as supporting evidence

·         Yates Map of Staffordshire 1775

·         Greenwoods Map of Staffordshire 1819

·         Ordnance Survey Drawing 1837

·         Harpur Crewe Estate Map 1886

·         First edition one inch OS map

 

Comments were received by the Local Member.

 

The Panel decided that the evidence submitted by the applicant at Appendix A is not sufficientto show that a Public Bridleway which is not shown on the Definitive Map and Statement subsists on the balance of probabilities along the route marked B to C on the plan attached at Appendix B to this report.

 

Decided – That (a) the evidence submitted by the applicant at Appendix A is not sufficient to show that a Public Bridleway which is not shown on the Definitive Map and Statement subsists on the balance of probabilities along the route marked B to C on the plan attached at Appendix B to this report, nor that a public bridleway subsists on the same test, or indeed on the test of reasonable allegation, between points A to B and C to D on the said plan.

(b) the evidence is also not sufficient to say and by the same test that a Public Bridleway subsists between points A to B and C to D  ...  view the full minutes text for item 21.

22.

Wildlife and Countryside Act 1981 - Application for the Upgrade of PF8 Waterhouses to a Public Bridleway pdf icon PDF 223 KB

Additional documents:

Minutes:

The Panel considered a report from the Director for Corporate Services for an application for the upgrade of PF8 Waterhouses to a Public Bridleway.

 

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 the application
  • Plan of the claimed route
  • Documentation to support the application (Tithe map – waterfall Parish Carlton Township dated 1848, Tithe Map – Mayfield Parish Carloton Township dated 1848)
  • Documentation located from application to upgrade PF10 Waterhouses (Tithe ap – Blore Parish: Calton Township dated 1848, Staffordshire XIV.6 1881. Waterhouses Parish)
  • Addendum to include applicant’s statement and supporting documentation
  • Extract of Planning Inspectorate document Definitive Map Orders: Consistency Guidelines relating to the Finance Act 1910 - Exclusion of a route on the map record
  • National Parks and Access to the Countryside Act 1949 - Survey of Rights of Way - Memorandum prepared by the Commons, Open Spaces and Footpaths Preservation Society dated 1950
  • Paper prepared by the British Horse Society dated 2020 titled “RUPP’s - the historical

context”

  • Planning Inspectorate Appeal Decision FPS/D3450/14A/3
  • Ordnance Survey Drawing Ashbourne area dated circa 1790 - 1840
  • Ordnance Survey 1:25000 Pathfinder Series of Great Britain map for Dove Dale and Tissington (Sheet SK 05/15)
  • Extract of the Mayfield Tithe Map for the Calton village area annotated by SMBG with the current status of all the routes coloured Sienna
  • Site photos from google maps

 

The Panel decided that the available evidence submitted by the applicant at Appendix A and that discovered by the County Council is insufficient to show that Public Footpath 8 Waterhouses should be added as a highway of a different description, namely a Public Bridleway.

 

Decided – That (a) the available evidence submitted by the applicant at Appendix A and that discovered by the County Council is insufficient to show that Public Footpath 8 Waterhouses should be added as a highway of a different description, namely a Public Bridleway.

(b) an Order should not be made to upgrade the right of way shown marked A to B on the plan attached at Appendix B to a Public Bridleway on the Definitive Map and Statement of Public Rights of Way for the District of Staffordshire Moorlands. 

23.

Wildlife and Countryside Act 1981 - Application for the Addition of a Public Footpath from Gamesley Bridge on the B5405 to the A5013 Opposite Worston Lane, Stafford pdf icon PDF 239 KB

Additional documents:

Minutes:

The Chair raised a personal interest in this item, due to business use of the land over which the alleged Public Footpath is located. The item was passed to the Vice-Chair to share with the Panel.

 

The Panel considered a report from the Director for Corporate Services for an application for the addition of a Public Footpath from Gamesley Bridge on the B5405 to the A5013 Opposite Worston Lane, Stafford.

 

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. Deposited Railway Plan 1863

ii. Finance Act 1910

iii. Parish Survey 1954

iv. 1954 Draft Map and Statement

  • Tithe Map

 

The Panel decided that the available evidence submitted by the applicant and that discovered by the County Council was insufficient to conclude that a public footpath, which is not shown on the Definitive Map and Statement was reasonably alleged to subsist along the application route shown marked A to B and B to C on the plan attached at Appendix B to this report.

 

Decided – That (a) the evidence submitted by the Applicant and that discovered by the County Council is insufficient to conclude that a public footpath, which is not shown on the Definitive Map and Statement is reasonably alleged to subsist along the application route shown marked A to B and B to C on the plan attached at Appendix B to this report.

(b) an order should not be made to add the alleged right of way shown on the plan attached at Appendix B and marked A to B and B to C to the Definitive Map and Statement for Public Rights of Way for the District of Stafford as a public footpath.

24.

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.