Agenda item

This report considers all the available evidence and seeks to assist the Executive Member in determining whether or not to make a Definitive Map Modification Order to add Grange Lane in Acomb and Rufforth to the Definitive Map of Public Rights of Way.

Option B: 

a)   Grant authorisation to make a Definitive Map Modification Order to add the Footpath shown on Plan 1 to the Definitive Map;

b) If no objections are received or any objections that are received are subsequently withdrawn the Order, made in accordance with a) above, be confirmed; or,

c)   If objections are received and are not subsequently withdrawn, the Order be referred to the Secretary of State for determination.

d)   If the Order is confirmed the route be added to the List of Streets Maintainable at Public Expense and maintained in accordance with its status.

RESOLVED:             That the Executive Member authorises the making of a Definitive Map Modification Order to add Grange Lane to the Definitive Map as described in Option B in the Officer report.

REASON:                  Evidence shows that at a minimum, Public Footpath rights are reasonably alleged to subsist.

The Executive Member considered a report, which detailed all the available evidence to assist him in determining whether or not to make a Definitive Map Modification Order (DMMO) to add Grange Lane in Acomb and Rufforth to the Definitive Map of Public Rights of Way.

Officers reported that if it was determined that public carriageway rights were ‘reasonably alleged to subsist’, then having considered the provisions of the Natural Environment and Rural Communities Act 2006 it has also been concluded that, as none of the exceptions applied, public rights for mechanically propelled vehicles would have been extinguished.  It would therefore be appropriate to record the route on the Definitive Map as a Restricted Byway.

Representations were received to the proposals from Mr P Brown in relation to written submissions he had made which raised a number of issues in relation to the status of Grange Lane. He confirmed that he represented 5 households at Acomb Grange and referred to promises previously made by the Council, which he felt had not been kept. He also referred to a breach of copyright which he felt had taken place with the downloading of a number of documents from his website without the necessary permissions being obtained. He therefore stated that if the authority agreed to maintain a section of the Lane, erected signage to restrict access this would alleviate the need to take this matter further.

Mr B Bartle then made representations on behalf of two local landowners who would be affected by the proposals. He referred to the short notice given to his clients of this meeting and to the lengthy paperwork involved. He pointed out that a number of the documents/maps could not be considered as evidence and he requested more time in which to provide this. He also requested deferral to allow further time in which to undertake negotiations with Officers in an effort to save time and expense in any future opposition to an Order.

Mr A Sykes, a landowner also made representations in relation to the short timescales involved. He pointed out there had been no crime and disorder problems in the area since the path had become overgrown. He stated that if approval was given to the making of the Order that he would be unable to spend time maintaining the path.

Representations were also received from Mr D Nunns on behalf of the Ramblers Association. He provided details of the history of the Lane and indicated his support for the making of a DMMO for a restricted byway, which he believed all the evidence, supported. He also confirmed that he was in favour of the landowner providing a gate.

At the Executive Members request, Officers confirmed details of the access arrangements, maintenance responsibilities and provision of stiles etc in relation to the two Options proposed.

In relation to the copyright issues raised, Legal Officers stated that this matter was being investigated and that a separate reply would be made to Mr Brown although this matter was not material to the decision to be made at the meeting.

The Executive Member confirmed that this was a complex issue and that he acknowledged the points and representations made at the meeting.

The following options were then considered:

Option A:  If having considered all of the available evidence, it is determined that Restricted Byway rights subsist, or are reasonably alleged to subsist, the Executive Member may

a)     Grant authorisation to make a Definitive Map Modification Order to add the Restricted Byway shown on Plan 1 to the Definitive Map;

b)     If no objections are received or any objections that are received are subsequently withdrawn the Order, made in accordance with a) above, be confirmed; or,

c)     If objections are received and are not subsequently withdrawn, the Order be referred to the Secretary of State for determination.

d)     If the Order is confirmed the route be added to the List of Streets Maintainable at Public Expense and maintained in accordance with its status.

Option B:  If it is determined that Footpath rights subsist, or are reasonably alleged to subsist, the Executive Member may:

a)   Grant authorisation to make a Definitive Map Modification Order to add the Footpath shown on Plan 1 to the Definitive Map;

b) If no objections are received or any objections that are received are subsequently withdrawn the Order, made in accordance with a) above, be confirmed; or,

c)   If objections are received and are not subsequently withdrawn, the Order be referred to the Secretary of State for determination.

d)   If the Order is confirmed the route be added to the List of Streets Maintainable at Public Expense and maintained in accordance with its status.

Option C:  If having considered all of the available evidence, it is determined that the case in support of a Definitive Map Modification Order has not been made, or has been overturned by contrary evidence, then the Executive Member may determine that:

a)     no further action be taken.

b)     the Authority does not undertake any maintenance work on the lane

RESOLVED:             That the Executive Member authorises the making of a Definitive Map Modification Order to add Grange Lane to the Definitive Map as described in Option B in the Officer report. ^1.

REASON:                  Evidence shows that at a minimum, Public Footpath rights are reasonably alleged to subsist.