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Countryside and Rights of Way Panel - Friday 13th March 2026 10:00am
March 13, 2026 at 10:00 am Countryside and Rights of Way Panel View on council website Watch video of meeting Read transcript (Professional subscription required)Summary
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The Countryside and Rights of Way Panel authorised the confirmation of a definitive map modification order for a public footpath at Gamesley Bridge and voted in favour of the officer's recommendation to reject an application to add a public footpath between Forge Lane and Little Aston Lane in Shenstone parish. The meeting, which was held on Friday 13 March 2026, also saw no declarations of interest and the confirmation of previous minutes.
Confirmation of Definitive Map Modification Order
The panel authorised the confirmation of a definitive map modification order under the Wildlife and Countryside Act 1981. This order pertains to a public footpath at Gamesley Bridge, following a previous decision made by the panel on 18 July 2025 to make the order. The order was subsequently made and published, and no objections were received during the statutory objection period. As there were no outstanding objections, the panel authorised the confirmation of the order without modification. This process is authorised under the Council's constitution, with the Countryside Rights of Way panel exercising the Council's functions under Section 53 of the Wildlife and Countryside Act 19811.
Application to Add Public Footpath: Forge Lane to Little Aston Lane, Shenstone
An application to add a public footpath between Forge Lane and Little Aston Lane in the parish of Shenstone was considered by the panel. The route, locally known as the Fieldway, runs alongside Aston Wood Golf Course and near Little Aston Primary School. The application was submitted by Shenstone Parish Council based on evidence of public use.
Officers presented a detailed analysis of the user evidence, which included 58 user evidence forms. To establish a public footpath under Section 31 of the Highways Act 1980, evidence of uninterrupted use for a 20-year period, as of right,
is required, with no clear action by the landowner to indicate the public had no right to use the route. The relevant 20-year period for this application was calculated as 1999 to 2019, as access was blocked in January 2019 by Little Aston Primary School.
While 15 users provided plans showing their use of the alleged route, and four of those had used it for the full 20-year period, the evidence was considered to have weakened probity due to the majority of users not providing plans. This made it difficult to determine the exact line of the route used. Conflicting evidence emerged regarding landowner actions to prevent use. Little Aston Primary School and Aston Wood Golf Club both provided evidence of private property
signs and, in the case of the school, locked barriers at Forge Lane installed in 1998. These actions, particularly the locked barriers which were in place for periods during the relevant 20-year period, raised doubts about whether the route could have been accessed from Forge Lane.
The officers concluded that, on balance of probabilities, the evidence did not meet the legal tests for establishing a public footpath. They noted that steps do appear to have been taken by the landowner to prevent dedication of the route as a public highway.
Consequently, the panel unanimously voted in favour of the officer's recommendation to reject the application.
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The Wildlife and Countryside Act 1981 is a piece of legislation that, among other things, provides a mechanism for modifying the definitive map and statement of public rights of way to record new rights of way or to make modifications to existing ones. ↩
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