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.