Decision Maker: Corporate Director of Business and Environmental Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Approval that the Authority should support
confirmation of the Order [Restricted Byways 14 (South Ings Lane)
& 207 (Back Lane) Appleton Le Moors Definitive Map Modification
Order 2014] in its submission to the Secretary of State
(SoS).
No evidence has been provided to
satisfactorily counter the evidence in support of the
Order.
The options, that the Authority could choose
??to support the non-confirmation of the Order or could take a
neutral stance to the confirmation of the Order, were considered
but were rejected as no evidence has been submitted to counter
either the historic evidence or the user evidence supporting the
allegation that restricted byway rights exist. The objections to
the Order relate to concerns for, and by, adjacent landowners
retaining access to their landholdings by tractors and quad bikes
etc. They have been assured that the confirmation of the Order will
not have any detrimental effect on any existing access rights they
already have, or have acquired. In any event their concerns are not
matters that can be taken into consideration when the decision is
made whether public restricted byway rights exist, or
not.
Publication date: 05/11/2021
Date of decision: 22/10/2021