Agenda and draft minutes

Apologies for absence were received from Councillors Dale, Towns and Wallace.

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

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

The Rights of Way Committee is asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of public footpath rights over a route between the junction of existing Parish of Ingram Public Footpaths No 10 & 11, 1140 metres north-east of Fawdon Farm and a point on existing Parish of Ingram Public Footpath No 11, 324 metres north-east of Quarterknowe Plantation.

A. Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation and members were asked to consider all the relevant evidence gathered in support and in rebuttal of the existence of public footpath rights over a route between the junction of existing Parish of Ingram Public Footpaths No 10 & 11, 1140 metres north-east of Fawdon Farm and a point on existing Parish of Ingram Public Footpath No 11, 325 metres north-east of Quarterknowe Plantation.

Following the presentation, members were invited to ask questions of the officers, which the following information was then provided:

·       The Access land provisions covering part of the land affected did not apply to horse riders.

·       DEFRA (Department for Environment, Food & Rural Affairs) had authority to designate Access Land and it was not a County Council function.

Councillor Foster proposed to accept the officer’s recommendation, this was seconded by Councillor Hardy. There was no debate. 

A vote was taken and was unanimous.

RESOLVED that:

                        i.         There was insufficient evidence to indicate that public footpath rights had been reasonably alleged to exist over the route C-X-Y-Z-D;

                       ii.         The route should not be included in a future Definitive Map Modification Order as a public footpath.

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 Footpath No 29, from C141 road, immediately west of High Southward Edge, in a easterly direction to join the C138 road, south of Muckley.

A. Bell - Definitive Map and Search Officer, introduced the report with the aid of a PowerPoint presentation and committee members were 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 Footpath No 29, from C141 road, immediately west of High Southward Edge, in an easterly direction to join the C138 road, south of Muckley.

Councillor Sharp proposed to accept the officer’s recommendation, this was seconded by Councillor Foster. There was no debate. 

A vote was taken and was unanimous.

RESOLVED that:

                        i.         There was not sufficient evidence to show, on a balance of probabilities, that public vehicular rights exist over the route Q-R;

                      ii.         There was sufficient evidence to show, on a balance of probabilities, that public bridleway rights exist over the route Q-R;

                    iii.         The route be included in a future Definitive Map Modification Order as a public bridleway.