The Rights of Way Committee is scheduled to convene to discuss several key issues, including a request from Newton-by-the-Sea Parish Council regarding a Commons Scheme, and reviews of the definitive map and statement of public rights of way for routes in Wallington, Alnwick, Tosson and Rothbury. The committee will consider evidence and submissions related to these routes to determine whether modifications to the definitive map are warranted.

Here's a breakdown of the topics listed on the agenda:

Newton Common

The committee is scheduled to discuss a request from Newton-by-the-Sea Parish Council to withdraw from a previously agreed Commons Scheme and associated agreement for Newton Common.

The report pack indicates that Newton Common was registered as common land in 1970, and that in December 2020, the Parish Council requested a Commons Scheme¹ for its regulation and management. The Parish Council had intended to enter into an agreement under Section 101 of the Local Government Act 1972 to manage the Commons Scheme on behalf of the County Council.

According to the report pack, on 20 January 2022, the North Northumberland Local Area Committee agreed to approve the proposed Commons Scheme and enter into a management agreement with the Parish Council. However, the scheme and agreement required execution to become effective.

The report pack states that between August 2022 and October 2024, the Parish Council raised concerns about their obligations and asked for changes to the scheme's wording. The CRA (Commons Registration Authority) advised that modifications would need to be re-advertised, but no modifications were received, and agreement to execute the section 101 agreement was not forthcoming.

The CRA contacted the Parish Council, seeking confirmation of their decision, but received confirmation on 21 August 2025 that the Parish Council had agreed to decline the signing/entering into of the management agreement .

The report pack outlines the implications of having a Commons Scheme, including the power to carry out certain works without needing consent from the Planning Inspectorate. Without the scheme, the County Council would still have an obligation to maintain the common. The report pack notes that if the committee does not agree to the withdrawal, the County Council would take responsibility for the Commons Scheme, which was not the intention for which Schemes were set up .

Review of Alleged Byways Open to All Traffic Nos 39 & 40, Parishes of Tosson and Rothbury

The committee is scheduled to consider evidence regarding public vehicular rights over part of the U4061 road between the B6341 Rothbury to Thropton road and the C181 road at Newtown.

The report pack states that in the late 1980s, the County Council consulted on proposals to add unsealed tracks to the Definitive Map as byways open to all traffic, if the routes were included in the Council's 'List of Streets' as unclassified County roads. The rationale was that it would not be obvious to members of the public that they were legally entitled to use these routes.

The report pack notes that the most recent advice from the Department for Environment, Food and Rural Affairs (DEFRA) is that inclusion on the List of Streets may provide evidence of vehicular rights but that this should be examined on a case-by-case basis.

The report pack includes a letter from Northumberland Estates, dated 21 May 2018, stating that the route is not suitable as a bridleway or a byway open to all traffic, citing issues with turning and crossing points.

The report pack also includes responses to a consultation from:

• Cycling UK, who made no comments on this particular proposal.
• Rothbury Parish Council, who fully support the proposals within the Rothbury parish .
• The British Horse Society, who support its addition to the definitive map, stating that it provides a through route for horse riders using the riverside bridleway from Rothbury and connects to Simonside Forest.
• Whitton and Tosson Parish Council, who agreed that the section from Lady Bridge to Tosson Mill is unsuitable as a byway, citing the lack of a ford, passing places and a turning point at Lady Bridge.

The report pack notes that the route is identified on the County Council's current List of Streets as being part of the U4061 road, and that the route was identified as a road/track on the Rothbury township and Newton by Rothbury township Tithe Awards of 1848 and has been consistently identified on Ordnance Survey maps since 1866.

The report pack states that the Natural Environment and Rural Communities Act 2006 (NERC Act 2006) had a major impact upon the recording of byways open to all traffic based upon historical documentary evidence, but that the public's motor vehicular rights would not have been extinguished by the NERC Act 2006, as the U4061 was included on the County's List of Streets on 2 May 2006.

Review of Alleged Restricted Byway / Bridleway No 33, Parish of Wallington

The committee is scheduled to review evidence concerning the existence of public vehicular rights over a route in the Parish of Wallington, beginning on the B6343 road, south-east of Hartburn Grange, and proceeding south-easterly to join the C158 road, east of Middleton.

The report pack notes that in March 2021, Diane Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way by adding a public bridleway from the B6343 road, south-east of Hartburn Grange, in a general south-easterly direction to join the C158 road, east of Middleton.

The report pack includes a letter from Mr C and Mrs C Bennett of Greenside Farm, dated 29 November 2022, objecting to the application. The letter states: We do not believe that any public access has existed from the north side of Greenside through to the southern boundary of the farm and object to the application.

The report pack also includes responses to a consultation from:

• Wallington Demesne Parish Council, who would support the proposals for a Restricted Byway on the B6343 road, 235m south-east of Hartburn Grange.
• The British Horse Society, who stated that This is an unrecorded missing link in a long route made up of minor rural roads and bridleways and would assist in keeping horse riders off the roads in a popular area.
• Cycling UK, who stated Obvious link from S bend to continuation road.

The report pack notes that the route of the alleged restricted byway is not shown on Armstrong's or Fryer's County Maps of 1769 and 1820 or on Cary's Map of 1827, but that it is shown on Greenwood's County Map of 1828 and on Bell's Map of 1850.

The report pack states that on the Survey map produced in association with preparation of the first Definitive Map of Public Rights of Way, in the early 1950s, the route of the alleged restricted byway was not coloured brown to indicate that it was considered to be part of the public road network, but that two public footpaths were shown branching off another footpath to terminate on the alleged public right of way at Greenside.

Review of Bridleway No 1 Alnwick Town

The committee is scheduled to review evidence regarding a proposed 10-metre southern extension to the existing Public Bridleway No 1 in Alnwick Town, between its junction with Footpath No 29 and Taylor Drive, east of The Duchess Community High School.

The report pack notes that there was no formal application in relation to this proposal, and that it came about due to a June 2024 enquiry regarding the alignment, extent and condition of Public Bridleway No 1.

The report pack includes a letter from the Northumberland Estates, dated 10 October 2024, stating that they believe the application to be non-contentious and would have no objection to the proposal.

The report pack also includes responses to a consultation from:

• Councillor Martin Swinbank, who would fully support the intention of adding a Bridleway from the point marked X to the point marked Y and that This will complete the route which is currently well used by pupils of the DCHS and many local residents.
• The British Horse Society, indicating that this route would be A useful link to connect up the network.

The report pack states that the route later recorded as Public Bridleway / Footpath No 1 is clearly identified on the Map and is identified in the schedule of the c.1934 Map & Schedule of Rights of Way under Rights of Way Act 1932.

The report pack notes that on the Alnwick Urban District Draft Map, the path is numbered '1' and is shown extending south as far as the Willow Burn.

The report pack states that the current misunderstanding in relation to the extent of Bridleway No 1 seems likely to have arisen in the early 2000s, when all of the paper Definitive Map and Definitive Map Modification Order information was digitised prior to the 2005 consolidation of the Definitive Map.

Other items

• Apologies for Absence
• Minutes of Previous Meeting To approve the minutes of the Rights of Way Committee meeting held on Wednesday, 22 October 2025.
• Disclosure of Members' Interests Councillors are required to declare any relevant interests.
• Date of the Next Meeting The next meeting is scheduled for Wednesday, 11 February 2026.
• Urgent Business To consider any matters of urgency, in the opinion of the Chair.