Decision details

Reasons for Decisions:

     The available evidence shows, on balance, that  the claimed right of way is reasonably alleged to subsist;

     There is a conflict in evidence. The publication of the Order will provide a further opportunity for additional evidence to be submitted and considered against the legal test for confirmation;

     If the evidence shows, on balance, that the route should be recorded as a footpath, and there are no outstanding objections, the Council can itself confirm the Order without submission to the Planning Inspectorate.

Decisions on applications for definitive map modification orders ensure that changes to the network of public rights of way comply with the legal requirements.

Alternative options considered and rejected:

 None

That

a)        The application be accepted and an order made to modify the definitive map and statement of rights of way by adding a footpath from Point A to Point G as shown on Drawing14/28/1; 

b)        Evidence received following publication of the order be considered prior to confirmation;

c)         If the legal test for confirmation is met and the Order is unopposed, or if all objections are withdrawn, it be confirmed by the Council.