Issue details

Modify Definitive Map and Statement; Upgrade part of FP11 Batcombe and Bridleway 59 Leigh

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 type: Non-key

Decision status: Recommendations Approved

Wards affected: Yetminster;

Notice of proposed decision first published: 06/10/2020

Decision due: 5 Oct 2020 by Officer Delegated Decision

Lead member: Portfolio Holder for Planning

Lead director: Executive Director, Place

Contact: Vanessa Penny, Definitive Map Team Manager Email: Vanessa.penny@dorsetcouncil.gov.uk.

Decisions