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Rights of Way Committee - Wednesday, 22nd October, 2025 10.00 am
October 22, 2025 View on council websiteSummary
The Rights of Way Committee for Northumberland County Council was scheduled to meet on Wednesday, 22 October 2025, to discuss a range of issues, including an application for village green status and several reviews of the definitive map and statement of public rights of way. The committee, including Councillor Alan Sharp as Chair and Councillor Martin Swinbank as Vice-Chair, was expected to convene at County Hall in Morpeth.
Application for Village Green Status - Longbyre
The committee was scheduled to be informed of an application for village green status for land at Longbyre, described as being land lying to the south of Holyrood Place, Greenhead, Brampton and land lying to the west of Four Wynds, Greenhead, Brampton. The application was made under Section 15(8) of the Commons Act 20061 by Thirlwall Parish Council.
The report pack noted that to register the land as a village green, the committee would need to be satisfied that:
a. the applicant is the owner of the land; and b. any consents which are required by section 15(9) of the 2006 Act have been obtained.
It was noted that the documentation included with the Application for Village Green Status - Longbyre indicated that Thirlwall Parish Council took ownership of the land on 1 May 2013.
The recommendation was to approve the registration of the land as a Village Green, updating the Commons Registration Authority Register of Village Greens accordingly.
Review of Alleged Public Footpath No 37, Parish of Carham
The committee was scheduled to review the evidence regarding the alleged public footpath No 37 in the parish of Carham, specifically a route between a point on the C21 road, 170 metres east of 10 East Learmouth Old Row, and a point on the C23 road, 260 metres east of East Learmouth Farm, Branxton.
The October 2025 - Carham FP37 FINAL report noted that Carham Parish Council had made a formal application in June 2023 in support of the public footpath, with supporting evidence from 13 local people, two of whom claimed to have used the route on foot for more than 20 years.
The recommendation was that there was not sufficient evidence to indicate that public footpath rights had been reasonably alleged to exist over the route.
Review of Alleged Byway Open to All Traffic No 48, Parish of Elsdon
The committee was scheduled to assess evidence concerning public vehicular rights on a section of the U4033 road from Elsdon easterly to East Nook.
The Elsdon BOAT 48 Final report noted 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.
Northumberland Estates responded to the consultation, stating:
This route is an adopted NCC highway through Whiskershiel Wood – we do not believe changing the designation is appropriate/ required.
The recommendation was that there was sufficient evidence to indicate that public vehicular rights had been reasonably alleged to exist over the route, and that the Natural Environment and Rural Communities Act 20062 would not appear to have extinguished the public's motorised vehicular rights over the route. It was also recommended that the route be included in a future Definitive Map Modification Order as a byway open to all traffic, except for the section from Elsdon to the car park and recycling point.
Review of Alleged Byway Open to All Traffic No 49, Parish of Elsdon
The committee was scheduled to review evidence regarding public vehicular rights over a section of the U4033 road, branching northerly from Landshot to Hudspeth.
The Elsdon BOAT 49 Final report noted 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 recommendation was that there was sufficient evidence to indicate that public vehicular rights had been reasonably alleged to exist over the route from point J to K, and that there was sufficient evidence to show, on a balance of probabilities, that public vehicular rights exist over the route K to L. However, there was not sufficient evidence to show, on a balance of probabilities, that public vehicular rights existed over the route L to X. It was also recommended that the Natural Environment and Rural Communities Act 2006 would not appear to have extinguished the public's motorised vehicular rights over the route from point J to K, but would appear to have extinguished these rights over the route from point K to L.
Review of Footpath No 4, Morpeth Town
The committee was scheduled to consider evidence regarding a proposed realignment of a 225-metre section of existing Public Footpath No 4 in Morpeth. This related to the section of the path between its junction with existing Footpath No 5, immediately east of a bridge over the River Wansbeck, west of Ford House, and a point south of Ford House.
The Morpeth FP 4 Realignment Final1 report noted that in March 2022, Tom Smith of Ford House made a formal application seeking to modify the Definitive Map of Public Rights of Way by deleting sections of existing Public Footpaths Nos 4 and 5, on his land at Quarry Woods, because the historical documentary evidence did not adequately demonstrate the existence of those rights.
David Dungait, from Dungait Farms, responded to the consultation saying he had no problem with the realignment. Tom Smith said that the alternative location of Morpeth Town Footpath 4 alongside the River Wansbeck would potentially marginally reduce criminal behaviour on his land.
The recommendation was that on the balance of probabilities it would be appropriate to amend the alignment of the existing K-M part of Footpath No 4 to the alternative alignment of K-L-M, by means of a future Definitive Map Modification Order.
Review of Footpath No 5, Morpeth Town
The committee was scheduled to consider evidence regarding a proposed realignment of a 95-metre section of existing Public Footpath No 5 in Morpeth. This related to the section of the path between a point 25 metres west of Park House Farm, and the path's junction with the U6067 road (Coopies Lane).
The Morpeth FP 5 Realignment Final1 1 report noted that in March 2022, Tom Smith of Ford House made a formal application seeking to modify the Definitive Map of Public Rights of Way by deleting sections of existing Public Footpaths Nos 4 and 5, on his land at Quarry Woods, because the historical documentary evidence did not adequately demonstrate the existence of those rights.
David Dungait, from Dungait Farms, responded to the consultation saying he had no problem with the realignment. Joanna Shaw, of Park House Farm, said that currently the footpath was marked along the side of the field, and over 90% of people continued along this path until it joined another path just after Park House Lodge.
The recommendation was that on the balance of probabilities it would be appropriate to amend the alignment of the existing N-P part of Footpath No 5 to the alternative alignment of N-Q, by means of a future Definitive Map Modification Order.
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The Commons Act 2006 covers the registration of town or village greens. Section 15(8) allows landowners to apply to register their land as a green. ↩
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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. Under section 67 of the Act, any existing, but unrecorded, public rights of way for mechanically propelled vehicles were extinguished unless one of the 'saving' provisions applied. ↩
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