The Countryside Rights of Way Panel met to discuss definitive map modification orders, and an application to register land as a town or village green. The panel voted to defer a decision on delegating authority to the Director of Finance and Resources to make definitive map modification orders when directed to do so by the Secretary of State for Environment, Food and Rural Affairs. The panel voted to approve a definitive map modification order to upgrade public footpath eight at Waterhouses to a public bridleway, and to approve an application to upgrade several public footpaths in Waterhouses to public bridleways and add a public bridleway from Steps Cottage to the A523 Waterhouses. Finally, the panel voted to approve an application to register land bounded by Newcastle Road, Coalpit Hill and Thomas Street Talk, Newcastle Under Lyme, as town or village green.

Delegation of Authority for Definitive Map Modification Orders

The panel voted to defer a decision on a proposal to add to the scheme of delegation for the Director for Finance and Resources to make a definitive map modification order when directed to do so by the Secretary of State for Environment, Food and Rural Affairs, following an appeal against the council's decision to refuse to make the order.

Heather Morgan, an officer of the council, explained that the county council has the power to determine applications made under Section 53 of the Wildlife and Countryside Act 1981¹ following an investigation. If the council refuses to make a definitive map modification order, the applicant can appeal to the Secretary of State, who can either dismiss the appeal or direct the council to make the order. Ms Morgan stated that when a direction is received, the council has no power to refuse to make the order, so the decision is a routine one. The proposal was to allow the Director for Finance and Resources to make these orders, rather than bringing them to the panel.

Councillor John Smith, Chair of the Countryside Rights of Way Panel, asked for clarification on whether the officer would come to the panel if the delegation was approved, and Ms Morgan confirmed that they would not. Councillor John Smith said that he thought the panel should not give delegated powers, given that there were 250 cases outstanding going back 20 years.

Ms Morgan clarified that the proposal only related to cases where the Secretary of State had directed the council to make an order, not to the initial decisions on the applications.

Councillor Warwick McKenzie said that applications often come from users of bridleways who allege that the definitive map is incorrect and should be updated. He said:

So this is about making sure that the definitive map is up to date. And it's accurate. So it's not a proposal to do it. It's more of an allegation that our map is incorrect, and we should be recording it correctly.

Councillor John Smith asked how the Secretary of State justifies their decisions, and what evidence they have that the council does not. Ms Morgan explained that it is about the interpretation of the evidence and the legal test that needs to be proven, and that different views can be taken.

Councillor John Smith asked why the council was asking for this delegation now. Ms Morgan said that the team dealing with these applications had recently increased in size, and they were dealing with more cases, and more decisions were going against the council. She said that it was taking a lot of time to write the reports and bring them to the panel, and that a delegated process would be quicker.

Councillor John Smith asked if the decision could be delayed to seek legal advice. Councillor Val Chapman, Shadow Portfolio Holder for Community Safety, said that she thought the panel should be part of the process, and that the new administration was keen to support the officers and help them to decide upon the cases. Councillor Neil Parton agreed, and said that if more meetings of the panel were needed to get through the cases, he was prepared to do so.

Councillor John Smith clarified that the panel was not being asked to delegate decisions that normally need a vote, but only those where the Secretary of State had already directed the council to make an order. The panel voted to defer the decision until the next meeting to get more information on it.

Upgrade of Public Footpath Eight at Waterhouses to Public Bridleway

The panel voted to approve a definitive map modification order to upgrade public footpath eight Waterhouses to a public bridleway, as directed by the Secretary of State for Environment, Food and Rural Affairs.

Stephanie, an officer of the council, explained that the application to upgrade the footpath was made on 2 June 2019. After a review of the evidence, officers concluded that the legal test of balance of probabilities² had not been met, and the panel agreed with this recommendation at a meeting on 13 September 2024. The applicant appealed to the Secretary of State, who found in their favour and directed the council to make the order. The order must be made within three months of the planning inspector's decision, which was made on 9 July 2025.

Upgrade of Public Footpaths and Addition of Public Bridleway in Waterhouses

The panel voted to approve an application to upgrade public footpath 140 Waterhouses part to a public bridleway, to add a public bridleway between public footpath 140 Waterhouses and public footpath 66 Waterhouses, to upgrade public footpath 66 Waterhouses to a public bridleway, and to add a public bridleway from the Steps Cottage to the A523 Waterhouses.

Stephanie, an officer of the council, explained that the application was made on 6 July 2020 by the Staffordshire Morelands Bridleway Group for a route commencing off Duke's Lane in the hamlet of Broomishaw and running as far as the A523 near to the village of Waterhouses.

Ms Morgan said that the applicant's evidence included the called and tithe map and award of 1845, a copy of the Finance Act Plan 1910, a copy of the parish survey card for public footpath 140 Waterhouses and its accompanying register, a copy of an ordinance survey 2 inch drawing dated 1836 and two photographs of the route. Their evidence also included a copy of the second edition revised to definitive map dated 1989, four user evidence forms, a copy of a document titled Law Report User Evidence Less Than Two Years Drafted by Brian Thompson and a document with the title Former RUPS in Staffordshire Drafted by Brian Smith.

Ms Morgan said that the council investigated and discovered further evidence, including plans for the Leek, Calden Low and Hartington Light Railway and its accompanying book of reference, a record evaluation book for the parish of Calden and a copy of both Calden Parish Tithe Map and Waterfall Parish Tithe Map. Also discovered were copies of ordnance survey maps published 1863 and 1881, parish survey cards for public footpath 66 and public footpath 89 Waterhouses and a copy of the Town and Country Planning Act 1990 Stopping Up of Highways West Midlands No. 6 Order 2024.

Ms Morgan said that the most significant piece of evidence was the railway plan and book of reference, which showed the whole of the claimed route. She said that the entirety of the sections between points A to B and points D to E are shown to be detached from surrounding fields, which are indicative of higher rights than a footpath. She also said that the Finance Act Plan and Book of Valuation of 1910 was significant evidence, as it depicted the route with continuous solid lines being detached from the adjacent fields, suggesting it has public and also higher rights than those of a public footpath.

Ms Morgan said that the tithe maps of both Waterfall and Calden supported the evidence for the route, and that the Waterfall tithe map specifically showed a detached route from the A523 as far as the River Hamps. This section of route is also named as a bridle road in the accompanying index. The Calden Tithe map records the commencement of the route described as a road and again shows it to be detached from adjoining fields.

Ms Morgan said that there was no response from any party to the consultation on the report. She said that there was different evidence for the different sections of the route, and that this, together with the current alternating statuses between that of a footpath and a bridleway along the claimed route, has resulted in the requirement for two legal tests to be met before a modification order can be made for the route. These tests include the balance of probabilities and reasonable allegation.

Ms Morgan said that for sections A to B and sections C to D, it is the opinion of the officers that based on the balance of probabilities and in the light of the evidence, these sections of route which are currently public footpaths subsist as bridleways and should therefore be upgraded to public bridleways. For section B to C and section D to E, it is the opinion of the officers that the evidence suggests a route is reasonably alleged to subsist along these sections of route which are currently not shown on the definitive map and statement and should therefore be added as sections of public bridleway.

Registration of Land as Town or Village Green in Talke, Newcastle Under Lyme

The panel voted to approve an application to register land bounded by Newcastle Road, Coalpit Hill and Thomas Street Talke, Newcastle Under Lyme as a town or village green.

David, an officer of the council, explained that the application was made under section 15.2 of the Commons Act 2006³. He said that the land extends to approximately 1.71 hectares or 4.22 acres and forms a triangular shape within the neighbourhood of Talke. However, he said that there is land at the western end of Thomas Street at its junction with Coalpit Hill which appears to have been regularly used as a car park, and that the inspector recommended that this be severed from any registrable land.

David said that the landowner was Newcastle under Lyme Borough Council, and that they had withdrawn all prior objections and would not be making further ones. He said that the council instructed Mr William Webster, barrister at law, as an independent inspector to advise on the matter and based on the documentation alone.

David said that Section 15.2 of the 2006 Act enables any person to apply to register land as a town or village green, provided a significant number of the inhabitants of any locality or of any neighbourhood within a locality have indulged, as of right, in lawful sports and pastimes on the landing question for a period of at least 20 years, and they continue to do so at the time of the application.

David said that Mr Webster had detailed the legal requirements for registration and had analysed the evidence thoroughly. He said that the inspector held that the lawful sports and pastimes requirement was duly satisfied, as the witnesses had described a range of popular activities such as dog walking and physical exercise. He also said that the inspector held that the neighbourhood or locality requirement was duly satisfied, as the application should be treated as a neighbourhood case, extending to the neighbourhood of Talke and within the locality of Newcastle under Lyme.

David said that the inspector held that the significant number of user requirement was duly satisfied, as the applicant had produced evidence from numerous local people who live in the streets close to the application land and it appears that a significant number of them have indeed used the land consistently. He said that the inspector concluded that the use of the land could not have been by right, as there was no evidence to support this. The land was not managed in such a way that inference could have been made of either a positive or overt act that was intended to be a permission to use. And as a result, therefore, use of the land could not have been by right.

David said that the inspector held that the as of right requirement is duly satisfied, and that the inspector held that the 20-year requirement is duly satisfied, as of the 39 witnesses who signed statements in the evidence, 34 attested to abuse the land for over 20 years, while the remaining witnesses also demonstrated a protracted period of use.

David said that the inspector had recommended that several areas be excluded from registration, namely the footpath crossing the application land between Newcastle Road and Colpit Hill, as footpath use alone would not satisfy the requirements for a village green. In addition, the land south of Thomas Street is also non-registerable due to its consistent use as a car park, while the two small areas of highway land edged in green on the plan should also be duly severed. Highway land is not registrable as a village green. Lastly, the steep embankment running around the perimeter of the site and adjoining Thomas Street should also be excluded, as it would be problematic to demonstrate that lawful sports and past dams had occurred there.

Councillor Neil Parton said that he thought it was a good application, and that it had been outstanding since 2011. He asked if the land was still used as a car park, and David confirmed that it was.