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
None.
Decision
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b) If the order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.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