APPLICATION FORM FOR A MODIFICATION TO THE DEFINITIVE MAP AND STATEMENT WILDLIFE AND COUNTRYSIDE ACT 1981 To: The Outdoor Recreation Manager, Outdoor Recreation, Shropshire Council, Shirehall, Abbey Foregate, Shrewsbury. SY2 6ND I, Will Steel, for and on behalf of the British Horse Society, of Abbey Park, Stareton, Kenilworth, Warwickshire. CV8 2XZ. hereby apply for an order under Section 53(2) of the Wildlife and Countryside Act 1981 modifying the Definitive Map and Statement for the area by:- Adding the bridleway which runs from Point C (OSGR SJ57292553) to Point F (OSGR SJ57762655) and shown on the map accompanying this application. I attach copies of the following documentary evidence [including statement of witnesses] in support of this application:- • Natural England Discovering Lost Ways Case File SH/169/003BHS which contains copies of the following documents or extracts thereof: • Ordnance Survey Surveyors Drawings, BL 320 (E), entitled "PART of SHROPSHIRE", dated 1827 • Non-Ordnance Survey Commercial Map, SHR GREENWOODS 1827, entitled “Map of the County of SALOP FROM AN ACTUAL SURVEY Made in the Years 1826&1827 BY C. & J. GREENWOOD”, dated 1827 • Ordnance Survey 25", "Shropshire XXII.6 (Hodnet; Stanton Upon Hine; Weston under Redcastle)", Surveyed 1880, Published 1881 • Ordnance Survey 25" and Shropshire XXII.10 (Stanton upon Hine Heath) Surveyed 1878-79, Published 1881 • Ordnance Survey 1" Revised New Series, Sheet 138 – Wem (Outline)”, dated 1899 • Ordnance Survey 25" SHROPSHIRE XXII.10 (Stanton under Hine Heath)", revised 1900, published 1901 • Ordnance Survey 25" SHROPSHIRE XXII.6 (Hodnet; Stanton under Hine Heath; Weston under Redcastle)", revised 1900, published 1902 • Finance Act Survey Map, TNA IR 132/4/228, dated 1910 I/We understand that the information I/we have provided may be imparted to third parties. Signed: …………….…………………. Date: 17/09/2020 Wildlife and Countryside Act 1981 Map to Accompany Definitive Map Modification Order Application For a route at Booley in the Parish of Stanton upon Hine Heath, Shropshire to be shown as a Public Bridleway Applicant’s Reference: DLW SH/169/003 17/09 / 2020 Map produced from extract of Ordnance Survey 1:25,000 scale mapping. When printed on A4 paper, the scale will be not less than 1:25,000 and thus meets the requirement of regulation 2 and regulation 8(2) of The Wildlife and Countryside (Definitive Maps and Statements) Case File: SH/169/003, Surveying Authority: Shropshire County Council 2 Client: Natural England Discovering Lost Ways Project Case File Ref. No. SH/169/003 Name Un-named Historic County Shropshire Sub-Unit Shropshire Sub-unit 1 Parish(es) Stanton upon Hine Heath Surveying Authority Shropshire County Council Definitive Map Ref. No. None Other Designation(s) None Ref. No. Route Length 1718 metres OS 1:10,000 Sheet(s) SJ52NE Grid Ref (start) SJ5714 2563 Grid Ref (end) SJ5777 2655 ARU ASSESSMENT OUTCOME Part public footpath, part Status/Class public bridleway Strength Insufficient / Strong Shown uncoloured and excluded from the Comment hereditaments on the Finance Act Map Date: 17 October 2007 LandAspects Rowan House Lloyd Drive Ellesmere Port Cheshire CH65 9HQ Copyright © and database rights for the information contained in this report are subject to Natural England's terms and conditions for supply of data Table of Contents 1. Summary of Findings 5 2. Description of Route 7 3. Location Plan 8 4. Current Definitive Paths 9 5. Case File Route Map 10 6. Details of Documentary Evidence 11 7. Interpretation of Evidence from Individual Records 20 8. Overall Evaluation of Evidence 27 Appendix A - Methodological Statement 31 Appendix B - Acknowledgements 32 Case File: SH/169/003, Surveying Authority: Shropshire County Council 4 1. Summary of Findings Case file SH/169/003 was included in the research scope by Discovering of Lost Ways Project as a route that is a potential gap in the definitive map network between C2093/20 (reference given on Shropshire County Council’s List of Streets) and C2102/70 (reference given on Shropshire County Council’s List of Streets). From the documents examined it is possible to establish that part of the case file route is shown on the Finance Act Survey map. It is shown uncoloured and excluded from hereditaments. This suggests that the route was considered to be a public highway at the time of the Finance Act survey, but does not in itself provide evidence about the class of rights that existed over it. One Non-Ordnance Survey Commercial map demonstrates evidence of public status over the route; it is included in the key as a “Cross Road”. For the purposes of DLW research, the identification of a route as a cross road is taken as evidence of reputation of the route as a highway. The Ordnance Survey 1” Revised New Series map demonstrates evidence for the route. The route is shown on the map and is described in the key as ‘un-metalled Road’. For the purpose of the Discovering Lost Ways Project research it has been agreed that the showing of routes as 1st, 2nd or 3rd class metalled roads on OS 1” Revised New Series maps will be taken as evidence of the existence of public vehicular rights. The case file route is not shown in this way and it is considered therefore that a public vehicular right of way cannot be shown to have existed over the route at the time of the survey. It is also shown as a physical feature on the supporting Ordnance Survey records. No evidence was found to clarify the class of public rights over the route but it is shown in part on a Non-Ordnance Survey Commercial map under the heading "Cross Roads". The default class of public footpath for part of the route (A to B) and a public bridleway for the rest of the route (B to F) is therefore suggested as being appropriate. In the absence of evidence of stopping up, these rights can be assumed to exist today. The evidence found meets the standards set out in Section 53 of the Wildlife & Countryside Act, 1981 that a public right of way subsists or is reasonably alleged to subsist and has therefore been categorised as “Strong” for part of the route (B to F), supporting the making of a definitive map modification order application to add the Case File: SH/169/003, Surveying Authority: Shropshire County Council 5 route to the Definitive Map. For part of the route (A to B) no evidence was found to suggest that the class of public rights over the route was higher than that currently recorded on the definitive map. This section of the case file route has therefore been categorised as “insufficient evidence for further action”. Case File: SH/169/003, Surveying Authority: Shropshire County Council 6 2. Description of Route The route begins at a junction with C2102/70 at coordinate SJ5714 2563 (point A on the Case File Route Map). The route heads in a north easterly direction to coordinate SJ5750 2597 (point B on the Case File Route Map). At this point the route branches in opposite directions. Part of the route extends in a south westerly direction to coordinate SJ5729 2552. The other section of the route extends in a north easterly direction to coordinate SJ5757 2612 (point D on the Case File Route Map) and then in an easterly direction to coordinate SJ5772 2614 (point E on the Case File Route Map). This section continues in a northerly direction to where it terminates at a junction with C2093/20 at coordinate SJ5777 2655 (point F on the Case File Route Map). The route has a length of 1718 metres. During the research process, the whole of the case file reference number SH/169/003 was identified with the case route numbers T000705. Both references are used in section 6 of this report. Where supporting evidence or conflicting evidence is being described, the case route number is used (in bold). Where the evidence is neutral, the case file reference number is used (plain text). Case File: SH/169/003, Surveying Authority: Shropshire County Council 7 3. Location Plan Case File: SH/169/003, Surveying Authority: Shropshire County Council 8 4. Current Definitive Paths Case File: SH/169/003, Surveying Authority: Shropshire County Council 9 5. Case File Route Map Case File: SH/169/003, Surveying Authority: Shropshire County Council 10 6. Details of Documentary Evidence Records were examined at the locations detailed in the following table. A reference code has been allocated to each archive. Archive Address Reference code The British Library, St Pancras, 96 British Library BL Euston Road, London, NW1 2DB Castle Gates, Shropshire Record Shrewsbury, SHR Office SY1 2AQ. Parliamentary Archives, HLRO, House of Lords London, SW1A 0PW, United HLRO Records Office Kingdom LandAspects, Rowan House, Lloyd LandAspects Drive, Ellesmere Port, Cheshire, LA CH65 9HQ The National Archives, Kew, The National Archives TNA Richmond, Surrey, TW9 4DU National Library of 92 Cowgate Edinburgh, EH1 1JN NLS Scotland The following records were examined as part of the research programme. The documents are listed in chronological order. Those documents that are considered to contain relevant evidence for case SH/169/003 are shown in bold. This information is arranged in a standard format as follows: Document Type the Archive Reference Code, followed by the Document Reference Code, the Title and Date. Where a document was researched at the British Library (with an archive reference code BL) no digital image was captured. The Ordnance Survey 25” 1st and 2nd Edition image tiles (© And database right "Crown copyright and Landmark Information Group Ltd" all rights reserved 2007) Case File: SH/169/003, Surveying Authority: Shropshire County Council 11 included within each case file may not, on occasions, exactly reflect the original versions that have been used for research purposes.