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: