Issue - meetings

This report presents an application for a Definitive Map Modification Order (DMMO) to add a public footpath to the Definitive Map and Statement at Askham Fields Lane, Askham Bryan. It asks the Executive Member to make a decision on whether the application meets the legislative criteria.

[Please note that Annex 4 to the Officer’s report is copyrighted material but is available to view on application, please contact Joanne Coote on joanne.coote@york.gov.uk or 01904 551442]

Resolved: That Option A- that the Authority makes an order- be agreed.

Reason:   The supporting evidence meets the threshold criteria of ‘reasonably alleged’.

The Executive Member considered a report which asked him to make a decision on whether an application for a Definitive Map Modification Order (DMMO) to add a public footpath to the Definitive Map and Statement at Askham Fields Lane, Askham Bryan met the legislative criteria.

Officers made a number of comments in response to the public speakers to explain that the application had been challenging, especially so, in trying to determine use by ‘the public’ because of the location of the claimed route. They advised the Executive Member that use of the claimed footpath by those who owned residential property within the college grounds was by licence, and the evidence therefore, was viewed as ‘non qualifying’.  Similar reasoning was presented for those persons who had in the past been employed by the college, and their immediate family members.  Evidence in support and rebuttal of the application had been forthcoming over a number of months, and Officers had received correspondence from a past Principal of the College, which acknowledge use of the claimed route by ‘the public’. 

Officers explained that if the decision was to make an Order, the Order would be advertised, and open to objections. Alternatively, if the decision was not to make an Order, an appeal could be lodged with the Secretary of State. 

The Executive Member considered all the comments by the public speakers before coming to his decision. He felt that although there was evidence provided of use by the public, this could have been more robust. He did understand the college’s concerns.

Resolved: That Option A- that the Authority makes an order- be agreed.

Reason:   The supporting evidence meets the threshold criteria of ‘reasonably alleged’.