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Rights of Way Committee - Wednesday, 22nd April, 2026 10.00 am
April 22, 2026 at 10:00 am Rights of Way Committee View on council websiteSummary
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The Rights of Way Committee of Northumberland Council met on Wednesday, 22 April 2026, to discuss several applications concerning public rights of way across the county. The meeting was scheduled to review the definitive map and statement of public rights of way, with a particular focus on alleged restricted byways and bridleways in various parishes, and an application for village green status in Hexham.
The Fields, Hexham: Application for Village Green Status
The committee was scheduled to consider an application for village green status for land known as The Fields,
located between Southlands, The Leazes, and Queen Elizabeth High School in Hexham. This application followed a non-statutory public inquiry, where an Inspector had recommended that the application be rejected. The committee was asked to determine whether to accept or reject the Inspector's recommendation and, if not rejecting it, to decide whether to register all or part of the land as a village green. The report detailed the statutory criteria for registering land as a village green, including the requirement for use by a significant number of inhabitants of a locality for lawful sports and pastimes for at least 20 years, and that such use must have been as of right
(without force, secrecy, or permission). The Inspector's report, which was provided to the committee, concluded that the applicant had not provided sufficient evidence to demonstrate that the whole of the land had been used for lawful sports and pastimes for the required period.
Review of the Definitive Map and Statement of Public Rights of Way: Alleged Restricted Byways Nos. 34, 36, 53 & 54, Parishes of Kyloe and Lowick
A significant portion of the meeting was dedicated to reviewing evidence regarding alleged restricted byway rights. Two routes were under consideration:
- Route 1 (P-Y-V-Q-Z-R-W-X): This route, which had been the subject of a previous application to record restricted byway rights that was ultimately not confirmed by the Secretary of State, was being reconsidered due to the discovery of new evidence. The report detailed extensive historical documentary evidence, including maps from 1755, 1820, 1827, 1828, 1833, and 1834, as well as tithe awards and Ordnance Survey maps from the 19th and 20th centuries. The evidence suggested the existence of a public highway, with some indications pointing towards vehicular rights. However, the report also noted that the Natural Environment and Rural Communities Act 2006 might have extinguished public motor vehicular rights over certain sections. The recommendation was to include the O-X-P and Z-R parts of the route as byways open to all traffic, and the P-Y-Q-Z part as restricted byways.
- Route 2 (D-C-B-A-R-W-X): This route, suggested as an alternative or additional route, was supported by evidence including the 1787 Inclosure Award, which described parts of it as a
Public Highway
60 feet wide. Historical maps and the 1951 Highways Map also indicated its existence. The report suggested that the O-X-P section of Route 2 was likely a public road, and the D-C-B-A-R-W section was supported by evidence indicating public vehicular rights. However, the report also noted that the Natural Environment and Rural Communities Act 2006 might have extinguished public motor vehicular rights over the P-Y-Q-Z part of the route. The recommendation was to include the O-X-P and Z-R parts as byways open to all traffic, and the P-Y-Q-Z part as restricted byways.
Review of the Definitive Map and Statement of Public Rights of Way: Alleged Public Bridleways Nos. 74 & 67, Parishes of Haydon & Hexham Town
The committee was also scheduled to consider evidence regarding alleged public bridleway rights over a route between existing Parish of Haydon Public Bridleway No. 42 at Coastley Burnfoot farm and a point on the C234 road, south of the Toll House, West Boat, Warden. The report detailed historical documentary evidence, including the 1755 Hexham East & West Inclosure Award, which described parts of the route as a Public Highway
12 yards in breadth. Ordnance Survey maps from the 1860s onwards showed the route as a road or track, and the 1860 OS Book of Reference described a section as a public road
. The report noted that the Natural Environment and Rural Communities Act 2006 might have extinguished public motor vehicular rights over certain sections. The recommendation was to include the H-J-L section as a restricted byway, acknowledging that while public vehicular rights might have been alleged, the NERC Act 2006 would likely have extinguished the motor vehicular element.
Review of the Definitive Map and Statement of Public Rights of Way: Alleged Byway Open to All Traffic No. 68, Hexham Town
Finally, the committee was to consider evidence regarding an alleged byway open to all traffic (BOAT) over a section of U8299 road, from the Darden Burn to Hackford Farm. The report highlighted that the O-X-P section of the route was identified as a Public road
in the 1860 OS Book of Reference and was included on the Council's List of Streets in 2006, suggesting public vehicular rights. However, the M-N section, while depicted on historical maps, was not coloured on the 1951 Highways Map and was removed from the List of Streets in 1989. The report concluded that while public vehicular rights might have been alleged over the M-N section, they would likely have been extinguished by the NERC Act 2006, leaving restricted byway rights. The recommendation was to include the O-X-P section as a byway open to all traffic and the M-N section as a restricted byway.
The meeting was scheduled to confirm these recommendations to the committee for their decision.
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