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


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: