OFFICER DECISION

Decision:   To reject the 202304 Haxby Crooklands Lane DMMO application.
Decision Date: 14 March 2024
Type of Decision: Director                                      Key							Non-Key	ü
Portfolio Area that decision relates to:
Leader (inc Corporate Services, Policy, Strategy & Partnerships)				Environment and Climate Emergency
Economy & Transport		ü		Finance, Performance, Major Projects & Equalities
Children, Young People and Education				Children, Young People & Education
Health, Wellbeing and Adults Social Care				Housing, Planning & Safer Communities
Background / Decision Summary: There is insufficient evidence to meet the statutory test under s53 (3) of the Wildlife and Countryside Act 1981 to make an order to record upgrade the public footpath shown on the map (see separate attached document) to a public restricted byway.
Options Considered: Option A – make the order Option B – decline to make the order
Options Rejected: Option A was rejected because the available evidence does not show that the existing public footpath should be more properly recorded as a restricted byway.
Consultation Process: · An executor of a trust that owns land over which the route runs responded to the consultation supporting a restricted byway on the basis of improving safe access and creating a wildlife corridor. · The Ramblers Associaton supported the application on the basis of Crookland Lane being considered historically a privately maintained public highway (RT) and supplost the BHS application. · The British Horse Society and Byways and Bridleways Trust also responded supporting the application. · Several adjacent landowners to Crookland Lane have objected to the application on the basis of the lane surface being unsuitable, traffic disruption and conflicting uses and safety concerns. · A directly affected landowner has submitted an objection stating that the inclosure awarded route did not cover the whole application route and that the evidence provided does not meet the higher legal test needed to change the definitive status of the route. The objection was supplied with Haxby Manorial records and a conveyance which shows land described in the Inclosure Award. · Haxby Town Council has also objected to the application on the basis of a lack of established use or supporting evidence and the impacts to farms on Crossmoor Lane.
Implications
Crime & Disorder		Equalities				Highways		ü
Human Resources		Legal				ICT
Financial		Affordability				Property
Climate Change		Health				Other
Environment		Human Rights
Implications Contact:
Level of Risk: Acceptable
Wards Affected:
All Wards	Fishergate				Holgate		Rural West York
Acomb	Fulford & Heslington				Hull Road		Strensall
Bishopthorpe	Guildhall				Huntington & New Earswick		Westfield
Clifton	Haxby & Wigginton		ü		Micklegate		Wheldrake
Copmanthorpe	Heworth				Osbaldwick & Derwent
Dringhouses & Woodthorpe	Heworth Without				Rawcliffe & Clifton

Comments/Observations: See attached document for full details. Decision: To decline to make an order in response to the application and advise the applicant of their right to appeal this decision to the Secretary of State.
Decision Made by: James Gilchrist, Director of Environment, Transport and Planning in consultation with the Executive Member for Economy and Transport. Contact Details: email: james.gilchrist@york.gov.uk, tel no. 01904 552547
On behalf of: Neil Ferris, Corporate Director of Place
To be implemented by:	Russell Varley, Definitive Map Officer
On Completion – Signed off by: James Gilchrist   Director of Transport, Environment and Planning		Date: 14.3.24