Decision details

That the opposed Definitive Map Modification Order (DMMO) be forwarded to the Secretary of State (SoS) for resolution, and that within the Council’s submission it will be stated that the county does not support confirmation of this Order.

Officers outlined their reasons for recommending the Council takes a neutral stance to the confirmation of the Order in its submission to the Secretary of State (SoS). However as there has been no further significant evidence submitted since the Assistant Director, Waste and Countryside Services, NYCC, decided on 26 November 2015, that the evidence did not meet the test for making an Order, and rejected the application, the decision was taken that the Order should not be confirmed and this is the stance that will be taken in its submission to the SoS.

The options available to the Council are as set out in paragraph 4.2 of the report, ie the stance the Council will take when submitting the opposed Order to the Secretary of State, and this decision must be based on the evidence available. Therefore, it was also considered whether in its submission to the Secretary of State the 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.

The option of taking a neutral stance, as recommended by Officers, was discussed. Statements from two landowners and Cllr Moorhouse were presented to the meeting, and the written statement from the applicant and videos of the route provided by the landowners were also taken into consideration. Officers outlined the reasons for recommending a neutral stance, in particular the need to review all the evidence in the light of the Appeal Inspector’s decision, however, after discussion, the meeting considered that the evidence was still insufficient to support confirmation of the Order.