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Rights of Way Committee - Wednesday, 18th December, 2024 10.00 am

December 18, 2024 View on council website
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Summary

The Rights of Way committee will meet on Wednesday 18 December 2024 to discuss the status of 5 routes of alleged restricted byways and byways open to all traffic1 and 1 alleged public footpath. It is not certain whether any decisions will be made during the meeting.

Ingram - Alleged Restricted Byway No 54

The committee will be asked to consider whether there is sufficient evidence to support the recording of a new route on the Definitive Map2 from a point on the existing public bridleway east of Hartside to a point on the U1086 road, 370 metres south-west of Linhope.

The report pack identifies a possible discrepancy between the Definitive Map, the Council's List of Streets3 and the Ordnance Survey maps with regards to the current status of the U1086 road in this location. The committee will consider whether there is sufficient evidence to conclude that public vehicular rights exist along a short (80 metre) section of this road, which currently forms part of Public Footpath 28.

The report pack summarises the evidence submitted by the applicant, Alan Kind of Killingworth, to support his contention that the longer (850 metre) section of the alleged restricted byway was historically a public vehicular right of way. The evidence includes:

  • Depictions of a route in this location on maps dating back to 1769, including Greenwood's map of 1828, which refers to the route as a 'cross road',
  • the presumption that there must have been a through route for vehicles to travel between Ingram and the Scottish border,
  • evidence from the tithe maps of 1842 and 1844 showing a continuous route connecting with the alleged restricted byway,
  • and that the eastern end of the alleged restricted byway is referred to as 'Hartside Road' in the Definitive Statement for Public Footpath 5, suggesting that it was a public road when the first Definitive Map was created.

The report pack also contains the evidence submitted by The Northumberland Estates, who manage the land affected by the alleged restricted byway. They object to the recording of the new restricted byway on the Definitive Map, and state:

  • that the route is not on the List of Streets, and is only used by agricultural vehicles and the residents of Linhope,
  • that the route passes through livestock pens which have been in place for over 100 years,
  • that there is no benefit to recording the route as a restricted byway as the land is already designated Open Access Land4,
  • and that upgrading the 80 metre section to a byway open to all traffic would cause 'further issues with turning, road congestion and health and safety issues.'

Rothbury - Alleged Byway Open to All Traffic No 37

The committee will be asked to consider whether there is sufficient evidence to support the recording of a new route on the Definitive Map as a byway open to all traffic from a point on Hillside Road, 30 metres north of Glencairn, to a point 10 metres west of Moor Cottage on the U4060 road.

The report pack describes the evidence submitted to support the recording of the byway open to all traffic. The evidence includes:

  • that the U4060 road is included on the Council's current List of Streets and on maps dating back to 1860.
  • and that the route is identified as the 'Fair Ground Road' in the Rothbury Forest Inclosure Award of 1860s, and is described as a 'Public Carriage Road'.

The report pack also contains the evidence submitted by several landowners and occupiers who live along the route of the alleged byway open to all traffic. They state that:

  • the route is used regularly by walkers, cyclists and horse riders, but infrequently by horses,
  • that the route also provides access to Thropton service reservoir which is inspected weekly by Northumbrian Water,
  • that Northumberland Fire and Rescue Service has used the route to attend a house fire and a forest fire,
  • and that a number of utility companies have underground apparatus along the route.

Rothbury - Alleged Public Footpath No 35

The committee will be asked to consider whether there is sufficient evidence to record a new public footpath from the western end of the alleged byway open to all traffic to a point on existing Public Footpath No 3, 160 metres east of Gimmerknowe.

The report pack describes the evidence submitted to support the recording of the public footpath. The evidence includes:

  • that the Rothbury Forest Inclosure Award of 1860s states that a Private Carriage Road was created, and that the public would have a right to use this road as a public footpath,
  • that the route has been depicted on maps since 1860,
  • and that the route is well used by walkers.

Bardon Mill - Alleged Restricted Byway No 65

The committee will be asked to consider whether there is sufficient evidence to support the recording of a new restricted byway on the Definitive Map from a point on the existing byway open to all traffic east of Allensgreen to a point on the U7066, 445 metres east of Penpeugh.

The applicant, Diane Holmes of Ulgham, submitted evidence to support her contention that this part of the existing public footpath should be recorded as a restricted byway. The evidence includes:

  • that the Ridley Moor Inclosure Award of 1751 states that the route was part of a road 'for all horses carts and carriages', and that it was at least 16 yards (14.63 metres) wide,
  • that the route is depicted on Greenwood's Map of 1828 as a 'cross road',
  • that the tithe map of 1844 shows a continuous route connecting with the alleged restricted byway,
  • and that the Book of Reference which accompanied the 1860 Ordnance Survey map identifies the route as a 'Public road'.

The report pack also contains evidence submitted by the landowners and occupiers of land affected by the alleged restricted byway.

GM Walton of Allensgreen Farm states that:

Track in question is owned by Penpeugh Farm. Allensgreen residents have right of access over it.

R Storrow of Willimoteswick Farm states that:

At the point marked W on the map our boundary gate is locked as this is the end of the Byway on my property. In 2009 the Council erected a stile at the side of the gate for hikers to proceed onto a public footpath. I would prefer this gate to remain locked for security reasons. Such as livestock theft and poaching and therefore object strongly to it being opened up for a bridle way.

W Walton of Penpeugh states that:

I strongly object and disagree with the proposals in their entirety.

...

In the meantime, I would highlight that my Grandfather purchased Allensgreen in the 1950s. Access to Allensgreen was via the 503/045, passed Williamoteswick. Shortly after his purchase, my grandfather decided to add another access point from the existing highway, for the ease of accessing Allensgreen, in order to more effectively run his farming business. This is when he laid the track between points marked X and W. It was not for any other purpose or for any other unauthorised persons to use it.

Mr Walton also submitted a letter from Neil Dawson, a Public Rights of Way Officer at the Council, dated January 2009, which states:

The route connecting the two byways ... is recorded as a public footpath only. For as long as this is the case motorists, horseriders and cyclists are not entitled to use this connecting route without the agreement of the landowner.

Longframlington and Newton on the Moor - Alleged Byways Open to All Traffic No 28 & 30

The committee will be asked to consider whether there is sufficient evidence to support the recording of a new route on the Definitive Map as a byway open to all traffic from a point on the C106 road south of Alnwick Ford Farm to a point on the U3049 road 320 metres south-east of Dyke Head.

The report pack describes the evidence submitted to support the recording of the byway open to all traffic. The evidence includes:

  • that the route is included on the Council's current List of Streets and on maps dating back to 1820,
  • that the route is described as a publicly maintainable road in the County Road Schedules of 1958, 1964 and 1974,
  • and that the route was coloured brown on the Survey Map produced for the creation of the first Definitive Map, indicating that it was thought to be a public road.

The report pack also contains the evidence submitted by two landowners and occupiers who live along the route of the alleged byway open to all traffic. Tony and Rose Mould of Stable Cottage state that the use of the route by walkers, cyclists and horse riders has always exceeded vehicular use. They also add that:

The byway requires a high vehicle or 4WD and is mainly used by farm traffic or for access.

C Millard-Dawe of Overgrass Mill Cottage raises concerns about the state of repair of the road and the lack of barriers at a point where the road is adjacent to Swarland Burn. They also state that:

I would not like to see this road as a bridlepath as I use this to exit and enter my property, often there are horses on the track but as I said it is dangerous and makes the matter even worse by having to negotiate horse riders along this dangerous stretch of road. The farmer also uses the track to carry out his job so something ought to be resolved as at the moment it is quite dangerous and horses should not really be permitted from a safety point of view.


  1. BOATs and restricted byways are types of public right of way that permit horse riding and cycling. Unlike restricted byways, BOATs also permit the driving of motor vehicles. 

  2. The Definitive Map and Statement is a legal record of public rights of way, showing where people have a right to walk, ride, cycle, or drive. It is maintained by the local council. 

  3. The List of Streets is a legal record of all of the roads that the council is responsible for maintaining. 

  4. Access Land is land that the public are permitted to walk on, even if there are no public rights of way. 

Attendees

Profile image for CouncillorLes Bowman
CouncillorLes Bowman  Labour •  Holywell
Profile image for Councillor Patricia Anne Mary Dale
Councillor Patricia Anne Mary Dale  Independent Group •  Stocksfield and Bywell
Profile image for Councillor Julie Denise Foster
Councillor Julie Denise Foster  Labour •  Stakeford
Profile image for Councillor Colin Richard Hardy
Councillor Colin Richard Hardy  Conservative •  Norham and Islandshires
Profile image for Councillor James Ian Hutchinson
Councillor James Ian Hutchinson  Conservative •  Haltwhistle
Profile image for Councillor Catherine Seymour
Councillor Catherine Seymour  Conservative •  Berwick North
Profile image for Councillor Alan Sharp
Councillor Alan Sharp  Liberal Democrats •  Haydon & Hadrian
Profile image for Councillor Martin Philip Swinbank
Councillor Martin Philip Swinbank  Green Party •  Alnwick Hotspur
Profile image for Councillor Alex Wallace
Councillor Alex Wallace  Labour •  Sleekburn

Topics

No topics have been identified for this meeting yet.

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