Decision details

Opposed Definitive Map Modification Order: Restricted Byways South Ings Lane and Appleton le Moors

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).

Reasons for the decision:

No evidence has been provided to satisfactorily counter the evidence in support of the Order.

Alternative options considered:

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