Decision details

Opposed DMMO - Carlesmoor Road, Kirkby Malzeard

Decision Maker: Corporate Director of Business and Environmental Services

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


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

Reasons for the decision:

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

Alternative options considered:

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.

Publication date: 25/05/2021

Date of decision: 21/05/2021

Accompanying Documents: