Decision details

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

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.

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.