Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The recommendations were that:
(a) An order be made to modify the definitive map and statement of rights of way to:
(i) Correct the route of part of Footpath 3, Chickerell as shown A1 to E and H to K on Drawing 18/08 (Appendix 1); and
(b) If the Order is unopposed, or if any objections are withdrawn, it be confirmed by the County Council without further reference to the Service Director, Highways and Emergency Planning or the Regulatory Committee.
(a) The available evidence shows, on balance, that:
(i) There is no public right of way over land as shown A1 to E and H to K as a highway of any description; and
(ii) A right of way, a public footpath subsists or is reasonably alleged to subsist over land as shown A – B – C – D – E and H – I – J – K – L, and
(b) The evidence shows, on balance, that the route of part of Footpath 3, Chickerell requires modification as proposed. Accordingly, in the absence of objections the Council can itself confirm the Order without submission to the Planning Inspectorate.
Decisions on proposals for definitive map modification orders ensure that changes to the network of public rights of way comply with the legal requirements.
No. The evidence shows that the correct route of Footpath 3 is as proposed.
Publication date: 20/05/2019
Date of decision: 22/10/2018