TRANSPORT DECISION - DEFINITIVE MAP MODIFICATION ORDER DETERMINATION

Application to be determined – 202303 Dunnington Public Bridleway from Eastfield Lane to Stamford Bridge Road (A166) at Noddle Hill.

DMMO application to record a public bridleway as shown A-B on the map below
Evidence supporting the application	Evidence refuting the application
The application route is labelled as a Bridle Road in the 1839 Dunnington Tithe map.	The application route is not shown on any Aerial photos available to CYC.
The route appears on the Ordnance Survey maps in 1854 crossing the recorded footpath, in 1858 as ‘other road categories’ and in 1893 the northern part of the route is shown.	The application route is not shown on any OS maps from 1894 onwards.
The route is depicted on Bryant’s 1829 maps a ‘lane or Bridle Road’ but not any other commercial maps available to CYC.	The application route is not referenced or marked on Parish Survey maps or Walking Schedules completed in the 1950s for the draft definitive map.
The application route is depicted with a Bridle Road line style on a ‘Plan of Dunnington 1842’ and again on a ‘Plan of Dunnington 1847.’	The application route is not set out or included in the Dunnington Moor Inclosure Award 1772.
DMO Comment on the evidence as a whole
The Tithe award and map, which are legal documents, refer to the Dunnington Old Inclosure and show that the bridle road was in existence by 1839. Within the apportionments, the fields that the bridle road crosses were arable fields called Mill Flatt and Mill Hill and numbered 67 and 68 respectively. The bridle road is not referenced within the charges of the Tithe records, but this does not negate the fact it is labelled as a bridle road on the map. In the plans of Dunnington from 1842 and 1847 the application route is not labelled as a bridle road but has a double dashed line compared to the recorded public footpath Dunnington 3 in the same field suggesting it was more significant than a footpath. The similarity of these plans to the Tithe map, including the same field numbers and being produced only several years later, indicate that they are likely to be a copy of the Tithe map produced to show land ownership within the township. The key for the 1847 plan indicates that the land was leasehold under the Prebend of Dunnington, this ownership does not affect the presence or possible status of the application route. The OS maps show a route across the land on the line of the application route although the status of this is not clear. There is a lack of evidence of the route on later OS maps or aerials as it may have fallen out of use. Also, the absence of evidence of the route cannot be taken as evidence refuting its presence or status. However, in the 1905 ‘Instructions to OS surveyors’ paths leading to a public place and that ‘were in obvious use by the public’ should be shown and the application route is shown at this time suggesting it was used to travel to a public place, some have suggested this would be collecting and delivering grain from a windmill that was formerly in place on this field. In conclusion, there is sufficient evidence to meet the statutory test under s53 (3) of the Wildlife and Countryside Act 1981 to make an order to record a public bridleway over the route shown on the enclosed map.
Consultation responses
The British Horse society responded supporting the application. Members of public responded to the consultation asking about the process and to see the evidence that had been submitted with the application. There were several objections due to safety concerns of a public bridleway at this location. The Parish Council submitted an initial objection to the application on the grounds of a lack of substantiating evidence and safety concerns. Landowners received copies of the evidence and have objected. The Ramblers Association did not respond to the consultation.

Does the current evidence meet the statutory test for making the order?	Yes
Will the order route be the same as the application route? (Attach a map showing the proposed order route)	Yes
What status will the route have?	Public bridleway
Officer recommended determination-	Make the order
Officer recommended stance towards confirmation-	Take a neutral stance

Equality Impact Assessment
There is a statutory requirement in accordance with s53 wildlife and countryside act 1981 to investigate applications for Definitive Map Modification Orders and come to conclusions entirely on the basis of the available evidence, regardless as to whether the outcome would benefit or prejudice owners, occupiers or members of the general public, and as such it is considered that equality and diversity issues are not relevant factors which can be taken into account in the process.
Implications
Crime & Disorder	Equalities	Other
Human Resources	Legal	Highways	ü
Financial	ICT	Property

Affected Wards
All wards	Acomb		Bishopthorpe
Clifton	Copmanthorpe		Dringhouses & Woodthorpe
Fishergate	Fulford & Heslington		Guildhall
Haxby & Wigginton	Heworth		Heworth Without
Holgate	Hull Road		Huntington & New Earswick
Micklegate	Osbaldwick & Derwent	ü	Rawcliffe & Clifton Without
Rural West York	Strensall		Westfield
Wheldrake

Ward Councillor Comments
Cllr.	Mark Warters
Councillor Warters replied to the initial consultation asking for information about the applicant. He stated “I am led to believe the applicants are a commercial organisation seeking to increase horse riding trails throughout Yorkshire - is that correct? It certainly adds a different perspective to the application and is information that needs to be known.”
Cllr.	Martin Rowley
Councillor Rowley responded to the consultation asking for copies of the application and supporting evidence submitted.
Executive Member for Economy and Transport Comments
Cllr.	Pete Kilbane
This meets the test to make the order and it therefore right to follow the next step in the legal process.
Senior Officer Comments
James Gilchrist			Director Environment, Transport and Planning
In conclusion, there is sufficient evidence to meet the statutory test under s53 (3) of the Wildlife and Countryside Act 1981 to make an order to record a public bridleway over the route shown on the enclosed map.
Senior Officer Decision			To make an order to record a public bridleway
Decision Date:			22/11/2023
Decision made by:		James Gilchrist, Director Environment, Transport and Planning
Contact details:		01904 551550 rightsofway@york.gov.uk
To be implemented by:		Russell Varley, Definitive Map Officer
On completion- signed off by:			Date:
James Gilchrist
Assistant Director Transport, Highways and Environment

Officer responsible for the report:

Name:	Russell Varley	Telephone No.	01904 553691
Position:	Definitive Map Officer	e-mail	russell.varley@york.gov.uk
Team:	Transport Service