The Rights of Way Committee of Northumberland Council met on Wednesday, 22 April 2026, to discuss several matters concerning public rights of way across the county. Key agenda items included an application for village green status at The Fields in Hexham, and reviews of the definitive map and statement of public rights of way concerning alleged restricted byways in the parishes of Kyloe and Lowick, alleged public bridleways in the parishes of Haydon and Hexham Town, alleged restricted byways in the parishes of Henshaw and Wark, and an alleged byway open to all traffic in Hexham Town.

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 land is recorded at HM Land Registry as forming part of title number ND160789 and is situated on the north and south sides of Shaws Lane. Following a non-statutory public inquiry, an independent inspector, Mr Alan Evans, 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 a significant number of local inhabitants to have indulged in lawful sports and pastimes on the land for at least 20 years, as of right, and for the application to be made within the relevant period after use ceased. The inspector's report highlighted concerns regarding the extent and nature of the use of the land, particularly whether the entire 20.2 acres had been used for lawful sports and pastimes for the required 20-year period. The inspector noted that evidence of use, such as walking and dog walking, tended to follow defined routes, including a public footpath and a driveway, and that this use might be interpreted as the exercise of a right of way rather than village green rights. The inspector concluded that the evidence fell short of persuading him that, for all practical purposes, the whole of the land could sensibly be said to have been used for lawful sports and pastimes for at least 20 years, leading to the recommendation for rejection.

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

The committee was asked to consider evidence regarding the existence of restricted byway rights over two routes in the parishes of Kyloe and Lowick. Route 1, identified as P-Y-V-Q-Z-R-W-X, was the subject of an earlier application that was not confirmed by the Secretary of State. This new application included additional historical documentary evidence, notably Chapman and Hall's Map of Northumberland from 1833. The report detailed extensive documentary evidence, including various historical maps from the 18th and 19th centuries, tithe plans, and Ordnance Survey maps, which were analysed to determine the status of the routes. The applicant, Alan Kind, argued that the evidence, when considered as a whole, supported the existence of public vehicular rights, suggesting a restricted byway status. Landowner evidence, particularly from RF Trustee Co Limited, contested this, arguing that the new evidence was de minimis and that the previous inspector's decision should stand. The report also considered the impact of the Natural Environment and Rural Communities Act 2006, which may have extinguished public motor vehicular rights over certain sections. The recommendation was to include parts of the route as restricted byways and byways open to all traffic, while acknowledging that motor vehicular rights might have been extinguished over other sections.

Review of the Definitive Map and Statement of Public Rights of Way - Alleged Public Bridleways Nos. 74 & 67, Parishes of Haydon & Hexham Town

This agenda item concerned an application to record public bridleway rights over a route connecting existing Public Bridleway No. 42 at Coastley Burnfoot farm to a point on the C234 road, south of the Toll House, West Boat, Warden. The applicant, Ms D Holmes, presented evidence from historical maps, including the 1755 Hexham East & West Inclosure Award, which described the route as a Public Highway 12 yards in breadth. Other historical maps, such as Fryer's (1820) and Cary's (1827), depicted the route as an Other Road or Parochial Road . Ordnance Survey maps from the 1860s onwards showed the route as a road or track, with some sections identified as Public road in the accompanying Book of Reference. The report also noted the impact of the Natural Environment and Rural Communities Act 2006, which may have extinguished public motor vehicular rights over certain sections, potentially leaving restricted byway rights. The recommendation was to include parts of the route as byways open to all traffic and other parts as restricted byways.

Review of the Definitive Map and Statement of Public Rights of Way - Alleged Byway Open to All Traffic No. 68, Hexham Town

The committee was asked to consider evidence regarding the existence of public vehicular rights over a section of U8299 road, from the Darden Burn to Hackford Farm. The report detailed historical map evidence, including the 1755 Hexham East and West Inclosure Award, which described a Public Highway over part of the route. Ordnance Survey maps from the 1860s onwards consistently showed the route as a road or track. The Finance Act 1910 plan indicated that the northern part of the route was separated from surrounding land by coloured boundaries, suggesting public highway status. The route was also identified on the Council's List of Streets as a publicly maintainable highway. However, the report noted that the Natural Environment and Rural Communities Act 2006 may have extinguished public motor vehicular rights over certain sections due to a lack of continuous public access at both ends. The recommendation was to record the O-X-P and Z-R sections as byways open to all traffic, and the P-Y-Q-Z section as restricted byways, acknowledging that motor vehicular rights might have been extinguished over the P-Y-Q section.

The agenda also included standard procedural items such as apologies for absence, the minutes of the previous meeting, and the disclosure of members' interests. No urgent business was anticipated.