Issue - decisions
Public Rights of Way - Application for Definitive Map Modification Order Alleged Public Footpath, from Main Street to Sparrow Hill Farm, Wheldrake
03/02/2010 - Public Rights of Way - Application for Definitive Map Modification Order, Alleged Public Footpath, from Main Street to Sparrow Halll Farm, Wheldrake
RESOLVED: i) That the Executive Member agrees that public rights are reasonably alleged to exist;
ii) The Executive Member resolves that
(a)The Director of City Strategy be authorised to instruct the Head of Legal Services to make a Definitive Map Modification Order to add a public footpath, along the route A – B on Plans 1a and 1b attached at pages 98 and 99 of the report, to the Definitive Map;
(b) If no objections are received, or any objections that are received, are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order made in accordance with (a) above; or
(c)If any objections are received, and not subsequently withdrawn, the Order be passed to the Secretary of State for confirmation.
REASON: There is evidence to support the existence of a public right of way over the application route based both upon historic evidence and modern user, thus requiring the authority to make the order under the Wildlife and Countryside Act 1981, Section 53(3)(c)(i).