Issue - meetings

This report seeks to assist the Executive Member in determining whether or not to make a Definitive Map Modification Order (DMMO) to add this route to the Definitive Map, as a Public Footpath.

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 Plan 1 attached at page 76 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(b) If no objections are received, or any objections that are received, are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order made in accordance with (a) above; or

(c) If any objections are received, and not subsequently withdrawn, the Order be passed to the Secretary of State for confirmation.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 in support of the existence of a public right of way over the application route thus requiring the authority to make the order under the Wildlife and Countryside Act 1981, Section 53 (3)(c)(i).

Consideration was given to a report which sought to assist the Executive Member in determining whether or not to make a Definitive Map Modification Order (DMMO) to add the route, as detailed on Plan page 76 of the report, to the Definitive Map, as a Public Footpath.

The Executive Member confirmed that he had received no representations or objections in relation to the making of this DMMO and that there was considerable evidence to confirm that the path was regularly used.

He then considered the following options

Option A:  If, having considered all of the available evidence the Executive Member decides that the alleged public rights do exist, the Executive member should resolve 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 Plan 1 attached to this 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b)   If no objections are received, or any objections that are received, are subsequently withdrawn, the Head of Legal Services be authorised to confirm the Order made in accordance with (a) above; or

c)      If any objections are received, and not subsequently withdrawn, the Order be passed to the Secretary of State for confirmation.

Option B: If, having considered all of the available evidence, the Executive Member may decide that the alleged public rights do not exist, the Executive Member should resolve that:

a)       The application to modify the Definitive Map be refused.

b)           The applicant be advices of their right to appeal.

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 Plan 1 attached at page 76 of the report, to the Definitive Map; ^1.

(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 in support of the existence of a public right of way over the application route thus requiring the authority to make the order under the Wildlife and Countryside Act 1981, Section 53 (3)(c)(i).