Decision details
Restricted Byway No 10.177/132 Fangdale Beck to B1257 near Low Mill Modification Order 2020
Decision Maker: Corporate Director of Business and Environmental Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
The opposed Definitive Map Modification Order
(DMMO) be forwarded to the Secretary of State for resolution and
that within the County Council's submission it will be stated that
the County Council does not support confirmation of this
Order.
Reasons for the decision:
Opposed DMMOs must be forwarded to the
Secretary of State for resolution but it is considered that the
evidence in support of the route being any particular status,
beyond that which exists by virtue of its inclusion in the List of
Streets, is weak. It is also considered that it is unlikely, on the
‘balance of probabilities’, that the evidence is
sufficient to show that the route has Restricted Byway
status.
Alternative options considered:
It was also considered whether in its
submission to the Secretary of State the County Council
could:
• support confirmation of the Order, or
• consider the evidence is either so finely balanced, or is
particularly unclear and wishes to take a neutral stance.
But neither options were considered as appropriate as the final
recommendation on the basis of the available evidence.
Publication date: 21/04/2021
Date of decision: 26/03/2021
Accompanying Documents:
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