REPORT TO THE DEVELOPMENT CONTROL AND REGULATORY BOARD - 16th JANUARY 2003
PROPOSED DEFINITIVE MAP MODIFICATION ORDER
UPGRADING OF PUBLIC FOOTPATH F48 TO A BYWAY OPEN TO ALL TRAFFIC
TOFTS LANE, BRANSTON TO BELVOIR ROAD, EATON
REPORT OF THE CHIEF EXECUTIVE
PART A
PURPOSE
1. The purpose of this report is to seek the Board’s approval of the above-mentioned proposal.
Recommendation
2. It is recommended that an Order be made under the provisions of Section 53 of the Wildlife and Countryside Act 1981, the effect of which will be to upgrade public footpath F48 to a byway open to all traffic from Tofts Lane, Branston to Belvoir Road, Eaton, as shown on the plan attached to this report.
Reason for Recommendation
3. Given the historical and supporting evidence which has been provided, it would appear to offer solid evidence that the public footpath F48 should be upgraded to a byway open to all traffic on the Definitive Map.
Circulation under Sensitive Issues Procedure
4. Mr. J.B. Rhodes, County Councillor
Officer to Contact
5. Mr. Gary Jackson, Chief Executive’s Department, Tel 0116 265 6159.
PART B
Background
6. An application has been received from Mr. K.J. Brockway of The Chapel, 1 Main Street, Redmile, Leicestershire to upgrade public footpath F48 to a byway open to all traffic on the Definitive Map, as shown on the plan attached to this report.
7. The application is being processed under the provisions of Section 53 of the Wildlife and Countryside Act 1981.
Comments of the Director of Community Services
8. The Director has provided the following historical evidence:-
(a) Branston Enclosure Award of 1767
(Separately circulated as Historical Evidence Document No. 1)
The Enclosure Award describes the route in question as “a Public Horse Carriage and Drift Road or Way to lead from …. South East to North West from Branston …. into the Lordship of Eaton …. from the Town of Branston aforesaid to the Town of Nottingham”. The award gives roads the width of 60 feet. Unfortunately no map survives.
(b) Stathern Enclosure Award and Map of 1792
The Enclosure Award describes “a Public Horse Cart Carriage Drift and Foot Way or road of the Breadth of Forty Feet”, as the road leading from Stathern to Brannston, “set out along or near the course of an ancient road leading from Stathern towards Brannston as is herein distinguished by the name of Brannston Road”. The map marks the “Branston Road” to the parish boundary with Eaton.
This description does not cover the footpath in question but does add weight to the suggestion that a public vehicular highway leads all the way through from Branston to Stathern.
(c) Plan of Stathern of 1792
(Separately circulated as Historical Evidence Document No. 2)
This plan drawn at the same time as the enclosure shows a newly laid out, “Road from Branston”.
(d) Plan of the Rectory and Village of Branston of 1833
(Separately circulated as Historical Evidence Document No. 3)
This plan shows the route labelled in exactly the same way as other village roads. The route is marked to Stathern and crosses land sold by the Duke of Rutland in 1923.
(e) John Priors Map of 1777
(Separately circulated as Historical Evidence Document No. 4)
This map shows the route as a “cross road”.
(f) John Cary’s Maps of Leicestershire pre 1801, 1811 and 1821
(Separately circulated as Historical Evidence Documents Nos. 5 to 8)
These maps show the route as a minor road, non of the maps have a key.
(g) C. Smith’s Map of 1804
(Separately circulated as Historical Evidence Document No. 9)
This map shows the route as a “cross road”. The key distinguishes Turnpike Roads and Cross Roads.
(h) W. Kings Map of 1806
(Separately circulated as Historical Evidence Document No. 10)
This map shows the route as a “public carriage road”. The key does distinguish between carriage roads and bridle roads.
(i) 1st Edition 1 inch O.S. of 1824 (Revised 1882)
(Separately circulated as Historical Evidence Document No. 11)
This map shows the route but does not indicate its status.
(j) C. and I. Greenwoods Maps of Leicestershire of 1826 and 1830
(Separately circulated as Historical Evidence Documents Nos. 12 and 13)
These maps show the route as a “cross road”. The 1826 edition does distinguish between cross roads and bridle roads in the key.
(k) T.L. Murry’s Map of 1830
(Separately circulated as Historical Evidence Document No. 14)
This map shows the route as a “Bye Road”.
(l) J. and C. Walkers Maps of 1836 and 1860
(Separately circulated as Historical Evidence Documents Nos. 15 and 16)
These maps show the route as a minor road. The maps do not have a key.
(m) Pigot and Co. Map of 1840
(Separately circulated as Historical Evidence Document No. 17)
This maps shows the route as a “cross road”.
(n) H. Teesdale Map of about 1840
(Separately circulated as Historical Evidence Document No. 18)
This map shows the route as a “Bye Road”.
(o) H.G. Collins Map of about 1860
(Separately circulated as Historical Evidence Document No. 19)
This map shows the route as a “Bye Road”.
(p) London Virtue Map of 1870
(Separately circulated as Historical Evidence Document No. 20)
This map shows the route as a minor road, the map does not have a key.
(q) Plans and Book of Reference for the Great Northern Railway, Eaton Branch of 1882
(Separately circulated as Historical Evidence Documents Nos. 21 and 22)
The route is indicated as a Public Highway from Branstone, owned by the Duke of Rutland, the Highway Board for the District of Belvoir and the Waywarden for the Township of Eaton.
(r) Plans and Book of Reference (Amendment) Eaton Branch Railway of 1883
(Separately circulated as Historical Evidence Documents Nos. 23 and 24)
Again the route is indicated as a Public Highway from Branstone, owned by the Highway Board for the District of Belvoir and the Waywarden for the Township of Eaton. On this plan both the Belvoir Road and the remainder of Tofts Lane are also described as Public Highways with the same owners, indicating that all three routes hold the same status.
(s) 1st Edition 1:2500 O.S. of 1884
(Separately circulated as Historical Evidence Document No. 25)
This map shows the route as a dotted line but is not annotated.
(t) Minutes of the Belvoir District Highway Board of 1879 onwards
The minutes refer in 1884 to a road from Branston to Stathern to be repaired “as heretofore”. The road was being publicly maintained at that time.
(u) Finance Act Maps and Field Books of 1910
These documents do not mark any of the route for taxation purposes. This may indicate public highway status. The fields through which the route passes are part of larger land holdings, several of which have reductions for public rights of way. It is therefore impossible to identify the precise rights of way to which the reductions apply.
(v) Local Government Act Transfer Map of 1929
(Separately circulated as Historical Evidence Document No. 26)
This map shows the route as an unscheduled, unclassified road. It is coloured green and has nine gates along its length. Unfortunately the written schedule which accompanied the map has not survived.
(w) Croxton Kerrial Parish Statement of 1950
(Separately circulated as Historical Evidence Document No. 27)
The Statement claims the route as a footpath. It is shown with purple dashes on the map (not the usual sold line notation for footpaths). The route is described as an old right of way and cart road and was surveyed by car.
(x) Eaton Parish Statement of 1952
(Separately circulated as Historical Evidence Document No. 28)
The Statement claims the route as a footpath and cartroad. It is coloured on the map as a footpath. The surveyor walked part way and surveyed the remainder by car. The route is described as a “fair cartroad” being a, “very old right of way and cart road from Stathern to Branston and Eaton”.
(y) Definitive Map and Statement of 1952 and 1957
(Separately circulated as Historical Evidence Documents Nos. 29 and 30)
These documents show the route as a footpath.
Consultations
9. (a) The following parties have been consulted and have made no objection:-
Melton Borough Council
Croxton Kerrial and Branston Parish Council The Parish Council has stated that it does not wish to make a formal objection to the proposal, but would not favour a change of use allowing it to be used for the recreational activities of off-road motor cyclists and FWD - type vehicles, as is happening on similar paths/tracks locally.
The Leicestershire and Rutland Land Rover Club The Trail Riders Fellowship (Separately circulated as Supporting Evidence Document No. 31) Auto Cycle Union Leicestershire Footpath Association The Ramblers' Association Fisher German, Chartered Surveyors (acting for ESSO Petroleum Company Limited and Mainline Pipelines Limited) East Midlands Electricity British Telecommunications plc Transco plc Energis Communications Limited Environment Agency The National Grid Company plc Severn Trent Water Limited
(b) The following parties have also been consulted but no reply has been received:-
Mr. Green of Sherricliffe Farm, Belvoir Road, Eaton (Landowner)
The British Horse Society The British Driving Society The Leicestershire and Rutland Bridleways Association NTL East Midlands Cyclists Touring Club Powergen Property Department Byways and Bridleways Trust Loughborough and District CHA Rambling Club The Leicester Group of the Endurance Horse and Pony Society of Great Britain The Royal Mail
Objections
10. The following objections have been received:-
The Belvoir Estate, Belvoir Castle, Grantham (Landowner)
Eaton Parish Council The Parish Council has stated that they object very strongly to the application deeming it unnecessary and felt it should be left as it is, for the wildlife and the environment.
Conclusions
11. The consistent depiction of the route as a cross road or bye road by 19th Century map makers adds weight to the assertion that the route carries higher public rights than a footpath.
12. The railway plans indicate that the Rail Company considered the route as having the same status as Belvoir Road and the remainder of Tofts Lane to Stathern. The Belvoir and District Highway Board appear to have maintained the route as a road suitable for vehicles since at least the late 1800s. This responsibility was passed to the County Council in 1929.
13. Both Parishes refer to the route as a cart road. In these circumstances I would have expected the route to be recorded on the Definitive Map as a road used as a public path (RUPP). However, the surveyors may not have been familiar with the option of the notation of RUPPs. The Croxton Kerrial surveyor did attempt to differentiate on the map between this route and the other footpaths in the Parish by using a dashed line rather than a solid line. Both surveyors drove along the route indicating that they assumed a right to do so.
14. It can only be assumed that when the first Definitive Map was drawn up, the details from the Parish Maps were taken at face value and further investigation into the status of the route was not made.
15. Given the weight of the Branston Enclosure Award in law, I suggest the evidence provided clearly shows that the route in question carries public vehicular rights and therefore the Definitive Map is in error by showing the route as a footpath only.
Equal Opportunities Implications
16. None.
Background Papers
17. Correspondence on file PTEPO/615.
gj181jh