Issue - decisions

Background / Decision Summary:
In preparation of the Statement of Case submission for the Public Bridleway York 138 and Public Bridleway York 308 Modification Order 2023 evidence about the alignment of bridleway York 308 has come to light.
At the time of determining the application in 2023 it appeared that the deviation of bridleway York 308 over the flood bank as shown on the enclosed maps had been introduced following flood bank works in 2019/2020. Therefore, it was not considered to be within the relevant 20-year period of 2000 to 2020. However, on closer inspection of the mapping and aerial photo evidence it appears that the deviation of bridleway York 308 over the flood bank had been in place since at least the 1990s. These findings were supported by the user interviews.
In the absence of any evidence refuting the existence of public rights of way, the evidence is sufficient to demonstrate that the revised order route has been used by the public, on the balance of probabilities for more than 20 years. Therefore, we are seeking authorisation from the director to ask the Inspector appointed to make a final decision about the Order to amend the Order to reflect the deviation as shown on the enclosed maps.