The Countryside and Rights of Way Panel of Staffordshire Council met on Friday 20 June 2025 to discuss two applications to change the status of public rights of way, and one application to add a right of way to the definitive map¹ and statement. The panel rejected the application to add Old Coach Lane to the definitive map, rejected the application to upgrade Brickiln Lane to a byway open to all traffic (BOAT), and approved the application to upgrade Public Footpath 41 Sheen to a Restricted Byway.

Wildlife and Countryside Act 1981, application to upgrade public bridalway 31, Barton-Under-Needwood, known as Breckiln Lane, to a byway to the open, open to all traffic.

The panel rejected an application to upgrade public bridleway 31, Barton-Under-Needwood, known as Breckiln Lane, to a byway open to all traffic. Councillor Catherine Brown supported the officer recommendation to reject the application.

David, a council officer, presented the application to the panel, explaining that a BOAT is legally defined as:

a route 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 purposes for which footpaths and bridleways are so used.

He said that the application was based on historical evidence, including an enclosure award² dated 1805. David explained that the enclosure award was a key piece of evidence, but that it clearly set out the route as a private carriage road. He added that the width of the road, 24 feet, also indicated that it was a private carriage road, as public carriage roads had to be at least 30 feet wide following the 1801 General Enclosure Act.

David also noted that the Natural Environment and Rural Communities Act 2006 (NERC Act)³ extinguished all motor vehicle rights on unrecorded routes unless the application met a particular exception, and that the claim route met none of those exceptions.

Wildlife and Countryside Act 1981, application for the addition of an alleged byway open to all traffic between Walton Lane and Poole Lane along the route known as Old Coach House Lane in Brockton.

The panel rejected an application to add a byway open to all traffic (BOAT) between Walton Lane and Poole Lane along the route known as Old Coach House Lane in Brockton.

Hannah Titchener, a council officer, presented the application to the panel. She explained that the application was submitted in 1999 and was based on historical evidence. Hannah Titchener explained that Old Coach Lane is currently classified as a green lane and is maintained at public expense. She said that the route is tarmacked in its entirety and is wide enough for vehicles to use, although in places it is only wide enough for one vehicle.

Hannah Titchener explained that officers had reviewed a Section 36 application⁴ made under the Highways Act 1980 to add the route to the council's list of highways maintainable at public expense. She said that the Section 36 application was investigated and determined in November 2006, and that it was determined that Old Coach Lane should be added to the Section 36 list of streets, and that it is a highway maintainable at public expense, based on an 1810 quarter session order which showed the route as a public carriageway.

Hannah Titchener said that officers had discovered an error in the original Section 36 report in relation to the application of the NERC Act. She explained that Section 67 of the NERC Act sets out the ending of certain existing unrecorded public rights of way on the definitive mapping statement, including the extinguishment of public rights of way for mechanically propelled vehicles. However, she said that there are a number of exceptions, and that the original Section 36 report incorrectly stated that none of the exceptions applied.

Hannah Titchener said that officers had reviewed the original Section 36 report and determined that an error was made in the application of the law. She explained that Section 67.3a of the NERC Act provides that a right of way for mechanically propelled vehicles is not extinguished if an application was made under Section 53 of the Wildlife and Countryside Act 1981 prior to the 20th of January 2005 to add a BOAT to the definitive mapping statement, and that the Section 53 application subject to the report was made before the 20th of January 2005.

Hannah Titchener said that officers had concluded that the exception of the NERC Act was triggered, and therefore mechanically propelled vehicular rights have not been extinguished. However, she said that Old Coach Lane is an all-purpose highway and that the character of the route means it is predominantly being used by vehicles as opposed to users on foot or horseback. She said that, as a result, officers' recommendation was to reject the application.

Wildlife and Countryside Act 1981, application for the Upgrade of Public Footpath 41 Sheen to a Restricted Byway.

The panel approved an application to upgrade Public Footpath 41 Sheen to a Restricted Byway.

Laura James, a council officer, presented the application to the panel. She explained that the application relates to a route that extends into the neighbouring county of Derbyshire, and that she had been directed by the Secretary of State to progress the application in Staffordshire.

Laura James said that the applicant had submitted an enclosure award for the neighbouring parish of Hartington in Derbyshire, a parish survey card for Public Footpath 41 of Sheen, Ordnance Survey maps from 1887 to 1967, several 17th and 18th century maps, and an extract from Peakland Roads and Trackways Second Edition, dated 1980, in support of their application.

Laura James said that the Hartington Enclosure Award is highly suggestive of a route in the Hartington Parish which connects with the Sheen Parish via a ford over the River Dove, implying a continuous route with a consistent status over the county border. She added that the 1949 Parish Survey Card clearly identified the application route as RP, being the abbreviation for a road used as a public path.

Laura James said that the application was made in 2018 after the cut-off date for the NERC Act 2006, and that none of the exceptions for mechanically propelled vehicular rights apply in this case. Therefore, she said, the 2006 Act would have extinguished mechanically propelled vehicular rights over the route, and therefore only unmotorised vehicle rights would remain and the appropriate status is a restricted byway.