Meeting documents

To consider a report by the Service Director – Highways and Emergency Planning.

The Committee considered a report by the Service Director Highways and Emergency Planning on a proposal for a Definitive Map and Statement Modification Order to record part of Bridleway 18, Mill Lane, Chideock – as shown between points B-C-D-E on Drawing 17/21/2 of the report - as a restricted byway. The reasoning for this was set out in detail in the report.

The officer drew members’ attention to an error in the report on page 2 "Reasons for recommendation a)" the drawing number should be 17/21/1 not 17/21/2.

With the aid of a visual presentation, the basis for the proposal was explained and what it entailed. Photographs and plans were shown illustrating this, showing the route of Mill Lane from various directions and at various points along its route; its characteristics, configuration and construction; its setting within the landscape in that part of Chideock, its relationship with the neighbouring Golden Cap Holiday Park and Roadstead Farm; where other properties and amenities in the vicinity were; and the points between which it ran. Signage and gating were also detailed, as applicable. The documentary and user evidence contained in the report - and how this had been analysed - was referred to in detail and how this had been applied in the officer’s reasoning for coming to the recommendation. The weight to be given to the user and documentary evidence was explained. The Committee’s attention was drawn to what they were being asked to consider, this being all the available evidence in respect of this route so as any uncertainties regarding the status of Mill Lane might be resolved.

Officers explained that the extent and status of Mill Lane had been the subject of consideration over the course of some years and, in September 2013, following a planning application to West Dorset District Council designed to facilitate the reorganisation of the Golden Cap Holiday Park, Chideock Parish Council requested that the correct position of Mill Lane County Road and Bridleway 18, Chideock be established definitively.

Investigations into the status of the route had concluded that, on balance, the creation of a bridleway in 1996 appeared to be flawed, in that that part of the bridleway – from point B-C-D-E on Drawing 17/21/2 of the report - had already been recorded as a highway maintainable at public expense on the list of streets, the effect being that public mechanically propelled vehicular rights had been extinguished by the Natural Environment and Rural Communities Act 2006. Therefore it was now being proposed that the section of route B-C-D-E should correctly be recorded on the definitive map as a restricted byway. Moreover officers explained that a Modification Order must be made if the balance of evidence showed that route shown on the Definitive Map and Statement should be shown as having a different status. For the reasons set out in the report, officers considered that this was the case in that the evidence - on the balance of probability - supported the proposed modification.

Officers confirmed that any private vehicular rights over the route would be preserved and remain unaffected by the proposal, so consideration of this was not a matter for Committee.

The reasons for the classification were explained to the Committee: this essentially being that, between points B and E, the route had been recorded inadvertently as both public highway maintainable at public expense (carriageway) and public bridleway.

Resulting from the consultation exercise on the proposal held in 2017, Chideock Parish Council had reaffirmed its view that the status of Mill Lane as a bridleway should be maintained. Other responses to the consultation were evidenced in the officer’s report.

 The County Council Member for Marshwood Vale was in agreement with the officer’s recommendation.

The opportunity was given to the Committee to ask questions about what they had heard and read and took this opportunity.

Clarification was provided by the Senior Solicitor as to the terminology used on part (b) of the officer’s recommendation "….or if any objections are withdrawn…." in so far as "all" should be used in place of "any" to provide for a clearer understanding. The Committee agreed that this should be the case.  

The Senior Solicitor also clarified that whilst no one piece of evidence could be taken as conclusive, the Definitive Map was seen to carry important weight when consideration was being given to such matters. 

In assessing the evidence presented by officers, taking into account the detail of the proposal in the report and having an understanding of the presentation made, the Committee concluded that, on balance, the officer’s recommendation was acceptable and played a significant part in the process of correcting the Definitive Map and, on that basis, and on being put to the vote, the Committee agreed

 Resolved

1.That an Order be made to record part of Bridleway 18, Mill Lane, Chideock - as shown between points B-C-D-E  on Drawing 17/21/2 of the report - as a restricted byway.

2.That if the Order was unopposed, or if allobjections were withdrawn, it be confirmed by the County Council without further reference to the Committee.

Reasons for Decisions

1.The available evidence showed, on balance, that Mill Lane, as shown between Duck Street in the north and point B on Drawing 17/21/1, was dedicated as a carriageway under common law.

a. A public path creation order in 1996 recorded a bridleway over that part of Mill Lane from point B to point E on Drawing 17/21/2.

b. Section 67 of the Natural Environment and Rural Communities Act 2006 stated that an existing public right of way for mechanically propelled vehicles was extinguished if it was over a way which, immediately before commencement was shown on the definitive map and statement only as a footpath, bridleway or restricted byway.

c. As the proposal post-dated 20 January 2005, and there was no evidence that exceptions applied, the provisions of the Natural Environment and Rural Communities Act 2006 extinguished the public rights for mechanically propelled vehicles and  therefore an order should be made to add a restricted byway. (Restricted byway status includes public rights to use the route on foot, on horseback or leading a horse, and therefore incorporates footpath and bridleway rights).

(b) The evidence showed, on balance, that Mill Lane - between points B-C-D-E on Drawing 17/21/2 - should be recorded as a restricted byway. Accordingly, in the absence of objections, the County Council could itself confirm the Order without submission to the Planning Inspectorate.

Decisions on applications and proposals for Definitive Map Modification Orders ensured that changes to the network of public rights of way complied with the legal requirements and support the Corporate Plan 2017-19 Outcomes Framework:

People in Dorset are Healthy:

• To help and encourage people to adopt healthy lifestyles and lead active lives

• We will work hard to ensure our natural assets are well managed, accessible and promoted.

Dorset’s economy is Prosperous:

• To support productivity we want to plan communities well, reducing the need to travel while ‘keeping Dorset moving’, enabling people and goods to move about the county safely and efficiently.