Agenda and minutes

Apologies for absence were received from Councillor Foster.

The minutes of the Rights of Way Committee meeting held on Wednesday, 28 August 2024, as circulated, to be agreed as a true record and be signed by the Chair. 

Councillor Dale noted that she had submitted her apologies for the August meeting as there had been an extra-ordinary meeting of the Northumberland County Council’s Audit Committee to agree and sign off accounts.

RESOLVED that the minutes of the meeting of the Rights of Way Committee held on Wednesday, 28 August 2024, as circulated were confirmed as a true record and were signed by the chair.

The Rights of Way Committee is being asked to consider the application and supporting documentation and approve the registration of the apportionment of registered rights which now attach to Housty Farm and bring the Register of Common Land up to date.

A Lynn-Hemsley – Lawyer, introduced the report to the committee. Members were asked to determine the application to amend the register relating to common land contained within Register unit number CL01 and rights section entry number 28 of the Common Land Register relating to Allendale Common for the apportionment of stints on land at Housty Farm, Catton, Hexham, NE47 9QB.

Councillor Sharp proposed to accept the officer’s recommendation, this was seconded by Councillor Hardy.

A vote was taken and was unanimous.

RESOLVED that the Committee approved the registration of the apportionment of registered rights which now attach to Housty Farm and to bring the Register of Common Land up to date in relation to the relevant land and HM Land Register registration.

The Rights of Way Committee is asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of higher public rights over the route of existing Public Bridleway No 10, from the C64 road in a general north-easterly direction to join existing Byway Open to All Traffic No 20, at a point 235 metres south-east of Fowberry Farm, Bamburgh.

A Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation. Members were asked to consider all the relevant evidence gathered in support and rebuttal of the existence of higher public rights over the route of existing Public Bridleway No 10, from the C64 road in a general north-easterly direction to join existing Byway Open to All Traffic No 20, at a point 235 metres south-east of Fowberry Farm, Bamburgh.

Councillor Seymour proposed to accept the officer’s recommendation, this was seconded by Councillor Wallace.               

A vote was taken and was unanimous.

RESOLVED that:

                     i.        There was sufficient evidence to show, on a balance of probabilities, that public vehicular rights exist over the route A-B;

                    ii.        The public motor vehicular rights over the route appear to have been extinguished by virtue of Section 67 of the NERC Act 2006;

                   iii.        The route to be included in a future Definitive Map Modification Order to upgrade the existing public bridleway to restricted byway status.

Councillor Swinbank joined the meeting during this agenda item and had taken no part in the debate or vote. 

The Rights of Way Committee is asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of higher public rights over part of the route of existing Public Footpath No 10, from the C64 road in a north-easterly and then south-easterly direction to New Shoreston Farm & Cottages, where it then continues in a south-easterly and then north-easterly direction, away from existing Public Footpath No 10, to join existing Byway Open to All Traffic No 17 at Clashope Cottage, Seahouses.

A Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation. Members were asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of higher public rights over part of the route of existing Public Footpath No 10, from the C64 road in a north-easterly and then south-easterly direction to New Shoreston Farm &  Cottages, where it then continues in a south-eastly and then north-easterly direction, away from existing Public Footpath No 10, to join existing Byway Open to All Traffic No 17 at Clashope Cottage, Seahouses.

Following the report, members were invited to ask the Definitive Map and Search Officer questions, which the following information was then provided:  

·         Footpath 204/020 was between Byway Open to All Traffic Nos. 232/017 and 204/020, this came from a decision from the Inspector following a public inquiry.

·         If members were to reject the application completely, the applicant would have a right of appeal, however if members were to accept that some higher rights existed, but that these were only bridleway rights, not vehicular ones, then the applicant could object to the resulting Definitive Map Modification Order.

Councillor Dale proposed to accept the officer recommendation, this was seconded by Councillor Wallace.

Councillor Hutchinson expressed that he was concerned about horse riders going through a working farm and the potential for an accident, however understood that it was not to be considered as the determination was based on evidence.

A vote was taken as follows: FOR 7; AGAINST 1; ABSTAIN 0.

RESOLVED that:

                       i.        There was not sufficient evidence to show that, on the balance of probabilities, public vehicular rights existed over the route C-X (or C-X-D);

                      ii.        There was sufficient evidence to show that, on a balance of probabilities, public bridleway rights existed over the route C-X;

                    iii.        There was sufficient evidence to indicate that public bridleway rights had been reasonably alleged to exist over the route X-D;

                    iv.        The route C-X-D be included in a future Definitive Map Modification Order as a public bridleway.

The Committee is asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of public vehicular rights over part of the U2039 road, between the B6349 road south of Belford Community Club, and the southern ends of both Public Bridleway No 13 and Public Footpath No 1, south-east of West Hall Farm.

A. Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation. Members were asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of public vehicular rights over the U2039 road, between the B6349 road south of Belford Community Club, and the southern ends of both Public Bridleway No 13 and Public Footpath No 1, south-east of West Hall Farm. 

Councillor Hardy proposed to accept the officer’s recommendation, this was seconded by Councillor Sharp.

A vote was taken and was unanimous.

RESOLVED that:

                     i.        There was sufficient evidence to indicate that public vehicular rights had been reasonably alleged to exist over the route C-D;

                    ii.        The Natural Environment and Rural Communities Act 2006 would not appear to have extinguished the public’s motorized vehicular rights over the route;

                   iii.        The route to be included in a future Definitive Map Modification Order as a byway open to all traffic. 

The Committee is asked to consider all the relevant evidence gathered

in support and in rebuttal of the existence of public vehicular rights over the U2040

road, between the B6349 road east of Whinny Hill Farm, and the southern end of

Public Footpath No 3, south of Plantation Farm.

A. Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation, and asked committee members to consider all the relevant evidence gathered in support and in rebuttal of the existence of public vehicular rights over the U2040 road, between the B6349 road east of Whinny Hill Farm, and the southern end of Public Footpath No 3, south of Plantation Farm.

Councillor Hardy proposed to accept the officer’s recommendation, this was seconded by Councillor Hutchinson.

A vote was taken and was unanimous.

RESOLVED that:

                     i.        There was sufficient evidence to indicate that public vehicular rights had been reasonably alleged to exist over the route E-F;

                    ii.        The Natural Environment and Rural Communities Act 2006 would not appear to have had extinguished the public’s motorized vehicular rights over the route;

                   iii.        The route be included in a future Definitive Map Modification Order as a byway open to all traffic.

The next meeting of the Rights of Way committee will be held on Wednesday, 18 December 2024.

Councillor Seymour gave an update on what the Rights of Way Committee had accomplished since its re-establishment in October 2023, including the number of reports that the committee had determined and information on applications which had further been submitted to the Secretary of State for determination.

RESOLVED that the date of the next meeting was confirmed for Wednesday, 18 December 2024.