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Rights of Way Committee - Wednesday, 23rd April, 2025 10.00 am

April 23, 2025 View on council website
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Summary

The Rights of Way Committee was scheduled to meet to review the definitive map and statement of public rights of way. The committee was expected to consider evidence relating to alleged rights of way in Alwinton, Callaly, Togston and Wooler. The agenda also included the minutes of the previous meeting for review.

Alleged Byway Open to All Traffic No 38, Parish of Wooler

The committee was scheduled to review evidence regarding public vehicular rights on the U1075 road between the B6348 road south of Way to Wooler and the B6525 road at Wooler Garden Centre.

The committee was asked to consider a report that recommended that they agree that:

  • sufficient evidence existed to indicate that public vehicular rights have been reasonably alleged to exist over the route Y-A-X
  • the Natural Environment and Rural Communities Act 2006 would not appear to have extinguished the public’s motorised vehicular rights over the route
  • the A-X part of the route be included in a future Definitive Map Modification Order as a byway open to all traffic
  • the Y-A part of the route does not appear to satisfy the criteria for being recorded on the Definitive Map as a byway open to all traffic so, at this time, it is not proposed to include it in a Definitive map Modification Order.

Turvelaws Farm raised concerns about the proposal. George F White, acting on behalf of Mr Robson of Turvelaws Farm, said that his client felt he had been misquoted in a letter dated 3 August 2014, clarifying that he had referred to a farm track rather than a path no longer being used by his workmen due to the dangerous access over an agricultural track, which had to be moved due to the difficulty of crossing the river.

George F White stated:

The track and ford between Turvelaws and Way to Wooler was initially installed historically to connect two half of one estate that was dissected by the river Calgate, now Wooler Water. It is our belief that this was a much easier route of access for farm workers with their machinery across the river. This route fell out of use over the years due to the natural river current becoming far more dangerous and the decision was taken by the owner of the land to close the route for the safety of his employees. In later years the way on the east of the river has been utilised to access the Environment Agency Depot and never intended for public access. This was meant that the EA have included a substantial road for private use ONLY.

They added that the Ramblers Association and Cycling UK made no comment, which they took to mean that they did not believe a right of way existed. They also said that the British Horse Association's evidence was insufficient or factual.

The report noted that the route is identified on the County Council’s current List of Streets as being part of the U1075 road, and that the route has been consistently identified as a mainly enclosed road / track on Ordnance Survey maps since circa 1864/5.

Alleged Byway Open to All Traffic No 17, Parish of Togston

The committee was scheduled to review evidence pertaining to public vehicular rights over the U3046 road, between the A1068 road, 165 metres south of Togston East Farm, and a point 75 metres north of 2 Togston Low Hall, Togston.

The committee was asked to consider a report that recommended that they agree that:

  • sufficient evidence existed to show that public vehicular rights have been reasonably alleged to exist over the route A-B
  • the Natural Environment and Rural Communities Act 2006 would not appear to have extinguished the public’s motorized vehicular rights over the route
  • the route A-B be included in a future Definitive Map Modification Order as a byway open to all traffic.

In February 2018, the council consulted with Togston Parish Council, landowners, and local representatives. Cycling UK did not comment on the proposal. The British Horse Society responded saying that:

As it stands this route presents no value to horse riders but if the old road to the colliery that used to be there, which joined alleged BOAT 18, was recorded then a useful link would have been created.

The report noted that the route of alleged Byway Open to All Traffic No 17 is identified on the County Council’s current List of Streets as being the U3046 road, and that the route appears to have been identified on both the Council’s 1951 and 1964 Highways Maps.

Alleged Public Bridleway No 2, Parish of Callaly

The committee was scheduled to consider evidence relating to the alleged upgrade of existing Public Footpath No 2 (Yetlington Lane) to a public bridleway. The path runs between the C172 road, 306 metres north west of Yetlington Lane Farm Cottages, Whittingham, and the C174 road, 335 metres west of Callaly High Houses, Whittingham.

The committee was asked to consider a report that recommended that they agree that:

  • there is sufficient evidence to show that, on balance of probabilities, public bridleway rights have been shown to exist over the route G-H
  • the route G-H be included in a future Definitive Map Modification Order as a public bridleway.

In April 2022, Ms D Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way to upgrade existing Public Footpath No 2.

In August 2022, the council consulted with landowners, the local County Councillor and local representatives. The British Horse Society responded to the consultation, stating:

This is a wide grass lane linking one minor road with another and therefore would provide a circular route for local horse riders in a parish with very few bridleways.

Ted Liddle, on behalf of Cycling UK, responded to the consultation, stating:

PB2: Named linear lane

Support: Yes++

A useful addition to the access network

The report noted that there is no evidence of road / track over the route of the alleged public bridleway shown on Armstrong’s Map of 1769, Fryer’s County Map of 1820, Cary’s Map of 1827 or Greenwood’s County Map of 1828, but that in the Yetlington Tithe Award, the alleged route is clearly shown as a road / track and is annotated as “Bridle Road” on the Yetlington tithe map.

Alleged Restricted Byway No 74, Parish of Alwinton

The committee was scheduled to review evidence pertaining to public vehicular rights over a route beginning on the U4023 road, east of Bygate Hall Cottages, then proceeding north-westerly to rejoin the U4023 road, north of Bygate Hall Cottages.

The committee was asked to consider a report that recommended that they agree that:

  • there is sufficient evidence to show that public vehicular rights have been reasonably alleged to exist over the route A-B
  • the Natural Environment and Rural Communities Act 2006 would appear to have extinguished the public’s motorized vehicular rights over the route
  • the A-B route be included in a future Definitive Map Modification Order as a restricted byway1.

In March 2021, Diane Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way by adding a public bridleway from the U4023 road, east of Bygate Hall Cottages.

In August 2022, the council carried out a consultation with Alwinton Parish Council, landowners, and local representatives. The British Horse Society responded to the consultation, stating:

This very visible green road cut into the hillside, could take horse riders and carriage drivers off the tarmac valley road that gets increasingly busy in the summer. Its presence is shown on early maps of the area indicating it was there before the current tarmac road.

Cycling UK responded to the consultation, stating:

1 RB 74 Ford at B (bridge site?); track adjacent to R Coquet.

Support = Yes++

Ideally extend RoW north to Barrowburn.

The report noted that the route of the alleged restricted byway is readily identifiable on Armstrong’s, Fryer’s and Greenwood’s County Maps of 1769, 1820 and 1828, and Cary’s Map of 1827. It also noted that the Bridges and Roads Committee minutes from November 1935 indicate that highway rights were still considered to exist over the old route and Rothbury Rural District Council wanted the County Council to take suitable steps to address this.

Other items

The committee was also scheduled to agree the minutes of the Rights of Way Committee meeting held on Wednesday, 26 February 2025. 2


  1. A restricted byway is a route for non-motorised vehicles, and for pedestrians. 

  2. The minutes include discussion of alleged restricted byways in Lilburn and Chillingham, and Roddam, as well as the Rights of Way Improvement Plan (2025-2035). 

Attendees

Profile image for Councillor Les Bowman
Councillor Les Bowman  Labour •  Holywell
Profile image for CouncillorPatricia 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 CouncillorMartin Philip Swinbank
Councillor Martin Philip Swinbank  Green Party •  Alnwick Hotspur
Profile image for Councillor Alex Wallace
Councillor Alex Wallace  Labour •  Sleekburn
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