The Northumberland County Council Rights of Way Committee convened to discuss several applications and reviews concerning public rights of way and village green status in the region. The committee resolved to arrange a non-statutory public inquiry into an application for village green status at The Fields, Hexham, and also made decisions regarding alleged public bridleways in Akeld & Kirknewton, Carham, Belsay and Matfen.

The Fields, Hexham, Application for Village Green Status

The committee approved that steps be taken to arrange a non-statutory Public Inquiry regarding the application for Village Green status at The Fields, Hexham, otherwise described as the land between Southlands, The Leazes and Queen Elizabeth High School. This followed a report from Councillor Mark Mather, Cabinet Member for Roads and Highways. The application, submitted by West Hexham Village Green Committee, was disputed, and the CRA's¹ Counsel recommended a public inquiry to examine the issues, including the consideration of non-statutory directions.

The key issues considered were:

• Whether the land had been used for lawful sports and pastimes.
• Whether this use had occurred for at least 20 years.
• Whether a significant number of inhabitants of a specific locality or neighbourhood had engaged in these activities.
• Whether the use by inhabitants was 'as of right'.
• Whether the application was submitted within the relevant period.

Objections were received from Miss Nicola Allan of Trinity Chambers, Newcastle upon Tyne, on behalf of the landowner, who argued that the application was incomplete, that the land had not been in use for the whole period by a sufficient number of people, and that any use was not 'as of right' due to fences and challenges by farmers.

The cost of the inquiry is estimated to be £22,000 plus VAT for Counsel's fees, and will likely last approximately 4 days.

Review of Alleged Public Bridleways Nos 35 & 36 Parish of Carham

The committee agreed that there was not sufficient evidence to show that public bridleway rights had been reasonably alleged to exist over the route K-L-M, but that there was sufficient evidence to show that public bridleway rights had been reasonably alleged to exist over the routes K-W-X and Y-Z. The routes K-W-X and Y-Z will be included in a future Definitive Map Modification Order as public bridleways.

In January 2022, Ms D Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way to add a public bridleway, between a point on existing Byway Open to All Traffic No 19, 555 metres south-east of Stewards Cottage, Wark, and the U1010 road, 750 metres north-east of Pressen Farm, Cornhill-on-Tweed.

Mr P Straker-Smith, a landowner, protested the short timescale given to respond to the draft report, and stated that the site investigation was inaccurate. Mr M Potts, another landowner, objected to the change in the proposed route, and suggested that the bridleway should follow the current field boundary.

Review of Alleged Public Bridleways Nos 37 & 38 Parish of Belsay

The committee agreed that no public right of way, of any description, has been reasonably alleged to exist over the application route R-X, that there was not sufficient evidence to show that public vehicular rights exist over the route R-W-X-Y-Z-T, that public vehicular rights have not been reasonably alleged to exist over the route T-U, that there was sufficient evidence to show that public bridleway rights exist over the route R-W-X-Y-Z-T, that public bridleway rights have been reasonably alleged to exist over the route T-U, and that there was not sufficient evidence to show that public bridleway rights exist over the route T-S. The route R-W-X-Y-Z-T-U will be included in a future Definitive Map Modification Order as a public bridleway.

In December 2020, Diane Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way by adding a public bridleway between a bend on the C345 road, west of West Newham, and the western end of the U9049 road, at West Newham, and to upgrade part of existing Public Footpath No 3, between the alleged bridleway at West Newham and the existing southern end of Public Bridleway No 10, north of West Newham.

Ward Hadaway, on behalf of landowners Andrew and Delwyn Graham, objected to the application, arguing that there was no evidence to justify the making of an Order.

Review of Alleged Public Bridleways Nos 9 & 29 Parishes of Akeld & Kirknewton

The committee agreed that there was not sufficient evidence to show, on a balance of probabilities, that public bridleway rights exist over the route G-H-J.

In April 2021, Diane Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way by upgrading to public bridleway status, the existing public footpaths, from Restricted Byway No 58 west of Tom Tallon's Crag, to Bridleway No 23, north of Commonburn House.

Both of the landowners (Lilburn Estates and Lilburn Hill Ltd) were opposed to this footpath route being upgraded, based on practical considerations, rather than evidence in relation to its correct status.

Review of Alleged Public Bridleway No 46 Parish of Matfen

The committee agreed that there was sufficient evidence to show that restricted byway rights have been reasonably alleged to exist over the route G-H, that there was sufficient evidence to show that, on balance of probabilities, restricted byway rights exist over the route H-X, that there was insufficient evidence to show that public bridleway rights have been reasonably alleged to exist over the route X-Y application route, that there was insufficient evidence to show that, on balance of probabilities, higher rights exist over the existing alignment of Public Footpath No 5 between Point X and Point Y, and that there was insufficient evidence to show that, on balance of probabilities, public bridleway rights exist over the route Y-J. The route G-H-X will be included in a future Definitive Map Modification Order as a restricted byway.

In December 2021, Ms D Holmes of Ulgham made a formal application seeking to modify the Definitive Map of Public Rights of Way to add a public bridleway, between the northern end of the U9027 road and North Fens, Matfen, and to upgrade part of existing Public Footpath No 5, between North Fens, Matfen and the Blackheddon Burn at the Matfen-Belsay parish boundary, to public bridleway status.

Ms N Allan responded to the consultation on behalf of landowner D & K Eddy of Byerley Stud, Matfen, stating that it was not clear on the face of the Application what is claimed to be new evidence to make this application valid and worthy of consideration.