Decision details

The opposed Definitive Map Modification Order (DMMO) be referred to the Secretary of State (SoS) for resolution, and in its submission to the Secretary of State the Authority takes a stance of supporting the confirmation of the Order

It is a statutory requirement that opposed DMMOS are required to be forwarded to the SoS for resolution. In this instance the evidence supporting the premise that the existing footpath should be recorded as at least a bridleway is convincing. The objections to the DMMO received from adjacent landowners contain comments about the lack of suitability of the route to be a bridleway, a consideration which is not relevant to determining the public status of a route, and the objections do not raise any evidence to counter the evidence in support of the existence of higher rights

The only alternative options would have been for the Authority either to request the DMMO not be confirmed, or to take a neutral stance towards the confirmation of the DMMO. Neither option being appropriate in the light of the strength of the evidence in support of the Order and the lack of relevant evidence against the confirmation of the Order.