Decision details
Proposed definitive map and statement modification order - part of Footpath 3, Barr Lane, Chickerell
Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
The recommendations were
that:
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(b) If the Order is unopposed, or if any objections are withdrawn,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.
Reasons for the decision:
(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.
Alternative options considered:
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