Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Reasons for Decision
a) The available evidence shows on balance that the application route (Bailey Drove) between points C – D – D1 – E on Drawing 18/07 was dedicated as a public carriageway in the Leigh Inclosure Award 1804. That part of Bailey Drove between points A – B – C was a pre-existing highway of carriageway status. As the application was submitted before 20 January 2005. The public vehicular rights remain unaffected by the Natural Environment and Rural Communities Act 2006.
b) The evidence shows on balance, that the whole application route between points A – B – C – D – D1 – E on Drawing 18/07 should be recorded as a byway open to all traffic. Accordingly, in the absence of objections the Council can itself confirm the Order without submission to the Planning Inspectorate.
Alternative options considered and rejected
a) An order be made to modify the definitive map and statement of rights of way by recording Bailey Drove as shown between points A – B – C – D – D1 – E on Drawing 18/07 (appendix 1) as a byway open to all traffic.
b) If the order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.
Publication date: 06/10/2020
Date of decision: 05/10/2020