Agenda and minutes

The committee is asked to approve the minutes of the previous meeting held on xxxxxx

The minutes of the previous meeting were agreed as an accurate record with no matters arising.

Committee members to declare an interest in any particular agenda item where applicable.

No Committee Members raised a conflict of interest.

Two applications were submitted for the Committee’s consideration.

The Committee received a report setting out, summarising and evaluating the evidence gathered and submitted to the Council regarding an application made under section 53 of the Wildlife and Countryside Act 1981 for modification of the Definitive Map and Statement by adding to it a Footpath at Low Spen Woods, Rowlands Gill, Gateshead.

The application is for a Footpath to be added to the Definitive Map and Statement. The statutory definition of a Footpath is set out at section 66(1) of the Wildlife and Countryside Act 1981, namely: “A highway over which the public have a right of way on foot only, other than such a highway at the side of the public road”.

Mr Cowell spoke in favour of the application, and Mr Ford spoke in opposition of the application.

The Committee questioned the Officers about whether construction would be required as part of allocating a right of way and of the historic knowledge of construction of a bridge on the property. It was clarified that no construction would be done.

The Committee voted in favour, with one Member voting against, of the recommendation to designate a public right of way from points A-B and A-C as detailed on the accompanying map to the papers.

RESOLVED

       i.          The application for a Definitive Map Modification Order - Low Spen Woods, Rowlands Gill was approved by the Committee.

The Committee received a report to set out, summarise and evaluate the evidence gathered and submitted to the Council regarding an application made under section 53 of the Wildlife and Countryside Act 1981 for modification of the Definitive Map and Statement by adding to it a Byway Open to All Traffic from Earls Drive to Glenbrooke Terrace, Low Fell.

The application is for a Byway Open to All Traffic to be added to the Definitive Map and Statement. The statutory definition of a Byway Open to All Traffic is set out at section 66(1) of the Wildlife and Countryside Act 1981, namely:

“A highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used”.

The right of way claim concerns access to garages, access to gardens, dog walking and shortcut.

The Committee questioned the Officers on the cement surfacing of the path.

The Committee was recommended to reject the application, and then voted unanimously against the designation of a public right of way from points A-B and A-C as detailed on the accompanying map to the papers.

RESOLVED

       i.          The application for a Definitive Map Modification Order to Earls Drive, Glenbrooke Terrace was rejected.

Report of the Strategic Director, Corporate Services and Governance and the Strategic Director, Communities and Environment

A report was given to update the Committee on the progress of Rights of Way cases, plus the principle works carried out on the network between March 2024 and July 2024.

Updates were given to the Committee on the following cases:

·        Claim for a bridleway at Barlow Lane, Barlow

·        Claim for a footpath at Low Spen Woods, Rowlands Gill

·        Claim to add a byway open to all traffic from Earls Drive to Glenbrooke Terrace

The Committee received an overview of principal works carried out on the Rights of Way Network and the planned works to be carried out.

RESOLVED

       i.          The Committee noted the report and updates.