The Countryside and Rights of Way Panel authorised the confirmation of two Definitive Map Modification Orders. The panel also noted that a Section 53 application concerning an alleged byway in Tyrley Parish had been resolved by a Magistrates' Court order. The panel rejected an application for the addition of a public footpath across Wheatley Lane Recreation Ground. The panel resolved to make a Definitive Map Modification Order to add a public footpath from Wincote Lane to Public Footpath 115 in Eccleshall. The panel rejected an application to register Glebelands Sports Field in Church Eaton as a town or village green.

Confirmation of Definitive Map Modification Orders

The panel authorised the confirmation of two Definitive Map Modification Orders (DMMOs). The first order relates to upgrading Footpath 11 in Heaton Parish to a restricted byway, and the second order concerns the addition of a public footpath in Fradswell Parish. Both orders had previously been resolved to be made by the panel, and no objections were received following their publication.

Wildlife and Countryside Act 1981 - Application for Alleged Byway Open to All Traffic between A53 and Part of Public Footpath 15, Tyrley Parish

The panel noted that an application under Section 53 of the Wildlife and Countryside Act 1981, seeking to record a byway open to all traffic between the A53 and part of Public Footpath 15 in Tyrley Parish, had been resolved. This was due to a Magistrates' Court order under Section 116 of the Highways Act 1980, which stopped up the route and extinguished all public rights of way. Consequently, the Section 53 application no longer required determination.

Wildlife and Countryside Act 1981 - Application for the Addition of a Public Footpath across Wheatley Lane Recreation Ground from Monsaldale Close to Newfield Road, Winshill

The panel rejected an application for the addition of a public footpath across Wheatley Lane Recreation Ground. Officers advised that the evidence submitted, consisting of only two user evidence forms each claiming approximately nine years of use, fell substantially short of the 20-year period required by Section 31 of the Highways Act 1980. The common law test was also not met due to insufficient quantity and duration of use to demonstrate landowner dedication.

Wildlife and Countryside Act 1981 - Application for the Addition of a Public Footpath from Wincote Lane to Public Footpath 115 Eccleshall

The panel resolved to make a Definitive Map Modification Order to add a public footpath from Wincote Lane to Public Footpath 115 in Eccleshall. Officers presented evidence from 13 users, alongside historical documents including a Quarter Sessions Order from 1881 and Ordnance Survey maps dating back to 1836. Despite landowner objections and inconsistencies in some user evidence, the panel was satisfied that the evidence, when considered as a whole, was sufficient to reasonably allege that a public right of way subsisted. The order will add the route to the Definitive Map and Statement of Public Rights of Way for the Borough of Stafford at a width of 1.5 metres. Councillor Jeremy Pert, as the Local Member, declared an interest in this item and abstained from the vote.

Commons Act 2006 - Application To Register Land Known as Glebelands Sports Field, Church Eaton as a Town or Village Green

The panel rejected an application to register Glebelands Sports Field in Church Eaton as a town or village green. The decision was based on the findings and recommendation of an independent inspector, William Webster, who had conducted two public inquiries into the matter. The inspector recommended rejection due to the applicant's failure to attend the second inquiry with his witnesses, which demonstrated a failure to cooperate in the process. The inspector also raised concerns about the applicant's submission of 19 identical witness statements and the lack of sufficient evidence to meet the statutory requirements for registration. Officers accepted the inspector's findings and recommendations.