The Countryside and Rights of Way Panel met to discuss definitive map modification orders¹ and village green applications. The panel approved two applications to upgrade public footpaths to restricted byways, and approved four applications to register land as town or village greens. They rejected two further applications to register land as town or village greens.

Definitive Map Modification Order: Public Footpath 1A Waterhouses

The panel approved a definitive map modification order to upgrade public footpath 1A Waterhouses to a restricted byway. The application to upgrade the footpath was initially rejected by the panel at a meeting on 9 August 2024, but the applicant appealed the decision to the Secretary of State for Environment, Food and Rural Affairs, who found in favour of the applicant. The County Council was directed to make the order within three months of the Planning Inspector's decision on 12 June 2025.

Definitive Map Modification Order: Gamesley Bridge to A5013

The panel approved a definitive map modification order to add a public footpath from Gamesley Bridge on the B5405 to the A5013 opposite Ouston Lane, Stafford. The application was made on 7 February 1999, and was initially rejected by the panel on 13 September 2024. The applicant appealed to the Secretary of State, who found in their favour. The County Council was directed to make the order within three months of the Planning Inspector's decision.

Village Green Application: New Chapel Recreation Ground, Kidsgrove

The panel rejected an application to register land at New Chapel Recreation Ground in Kidsgrove as a town or village green. The application was made by the late Victor Dukes under section 15.2 of the Commons Act 2006². Newcastle-under-Lyme Borough Council, the landowner, initially objected to the application, but later withdrew their objection. William Webster, an independent inspector, advised on the matter and detailed the legal requirements for registration, and analysed the evidence. He summarised that the application failed to establish that the use of the land by local people was 'as of right'³, and it failed to meet the legal requirements for registration.

Village Green Application: Repton Drive and Russell Avenue, Newcastle-under-Lyme

The panel approved an application to register land at the junction of Repton Drive and Russell Avenue in Newcastle-under-Lyme as a town or village green. The application was made by Belinda Mifflin, acting as chair of the former Westlands, Seabridge and Clayton Residents Association. Newcastle-under-Lyme Borough Council, the landowner, initially objected to the application, stating that the land was open space, but withdrew their objection after being asked to clarify their position. William Webster, the independent inspector, found that the applicant had successfully established that the use of the land by local people was 'as of right', and that it met the requirements for registration.

Village Green Application: Clayton Road Field, Newcastle-under-Lyme

The panel approved an application to register land at Clayton Road Field in Newcastle-under-Lyme as a town or village green. The application was made by John Muir, John Farrell and Andrew Kenny. Newcastle-under-Lyme Borough Council, the landowner, initially objected to the application, stating that the land was open space, but withdrew their objection after being asked to clarify their position. William Webster, the independent inspector, found that the applicant had successfully established that the use of the land by local people was 'as of right', and that it met the requirements for registration.

Village Green Application: Mitchellswood Green, Newcastle-under-Lyme

The panel approved an application to register land at Mitchellswood Green in Newcastle-under-Lyme as a town or village green. The application was made by Ian Sharp and Kevin Palmer. Newcastle-under-Lyme Borough Council, the landowner, initially objected to the application, stating that the land was open space, but withdrew their objection after being asked to clarify their position. William Webster, the independent inspector, found that the applicant had successfully established that the use of the land by local people was 'as of right', and that it met the requirements for registration.

Village Green Application: Winchester Drive and Russell Avenue, Newcastle-under-Lyme

The panel approved an application to register land at the junction of Winchester Drive and Russell Avenue in Newcastle-under-Lyme as a town or village green. The application was made by Callum Henderson, acting as treasurer of the former Westlands, Seabridge and Clayton Residents Association. Newcastle-under-Lyme Borough Council, the landowner, initially objected to the application, stating that the land was open space, but withdrew their objection after being asked to clarify their position. William Webster, the independent inspector, found that the applicant had successfully established that the use of the land by local people was 'as of right', and that it met the requirements for registration.

Village Green Application: Beaten Way and Bradshaw Way, Stafford

The panel rejected an application to register land abutting the cul-de-sacs of Beaten Way and Bradshaw Way on the Parkside estate in Stafford as a town or village green. The application was made by Gerald Darcy, in his capacity as the chair of the former Action Parkside group. Stafford Borough Council, the landowner, objected to the application, stating that the use of land was not 'as of right'. William Webster, the independent inspector, found that the land was subject to a restrictive covenant requiring it to be used as a children's play area, and that the applicant had therefore failed to establish that the use of the land by local people was 'as of right'.

One councillor asked if the reason for the application was to ensure the longevity of the play area, and if the applicant would be free to reapply. An officer responded that:

they would have to come up with further evidence to prove that they've met all the requirements and it seems to be a knockout blow for the borough council to present um conveyance evidence that shows that it was held as open space or play area land so therefore it doesn't qualify um the as a right by right issue

Village Green Application: Albury Close, Felden Close and Pitstone Close, Stafford

The panel rejected an application to register land abutting the cul-de-sacs of Albury Close, Felden Close and Pitstone Close on the Parkside estate in Stafford as a town or village green. The application was made by Gerald Darcy, in his capacity as chair of the former Action Parkside. Stafford Borough Council, the landowner, objected to the application, stating that the use of land was not 'as of right'. William Webster, the independent inspector, found that the land had been allocated or designated as recreational space for those living on the Parkside estate, and that the principle of Barkas applied⁴. He concluded that the applicant had failed to establish that the use of the land by local people was 'as of right'.

One councillor asked if there was any danger of the land being developed as an industrial estate, and an officer responded that they did not believe so, as the land was held for recreation purposes and was protected under the Open Spaces Act. The councillor also asked if the applicant was trying to maintain the area as a play area, and the officer confirmed that this was the case, and that the applicant was relatively satisfied that it was used for recreation and had an element of protection, but not village green protection.

Panel Delegation Report

Councillor Mike Broom deferred discussion of the panel delegation report to the next meeting, to allow for further background work. The report concerned a request for an addition to the scheme of delegation to authorise the making of a definitive map modification order when directed to do so by the Secretary of State for Environment, Food and Rural Affairs, following an appeal by the applicant against a DC order.