Decision details
Opposed Definitive Map Modification Order - Restricted Byways 15.75/83, 15.70/56, 15.70/57, 15.75/84, Gillgate Road and Appleby Lane, Kirkby Malzeard and Laverton Modification Order 2022
Decision Maker: Corporate Director of Environment
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
That the Authority takes the stance of
supporting the confirmation of the DMMO in its submission of the
opposed Order to the Secretary of State
Reasons for the decision:
The evidence shows that the two routes subject
to the Order are most likely ancient highways for vehicular
traffic, however rights for motor vehicles have been extinguished
by S67 of the NERC Act 2006. The routes should therefore be
recorded on the Definitive Map as Restricted Byways, as set out in
the Order, so it is appropriate that the Authority supports
confirmation of the Order in its submission to the Secretary of
State.
Alternative options considered:
Opposed DMMOs must be referred to the
Secretary of State, for an Inspector to consider the evidence and
decide whether the Order should be confirmed. The only options for
the Authority are to choose whether or not to support confirmation
in the submission. As the evidence supports the routes being
recorded as Restricted Byway, the only option available is to take
a stance of supporting confirmation.
Publication date: 13/09/2024
Date of decision: 12/09/2024
Accompanying Documents:
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