Issue - meetings

The Executive Member is asked to consider a report that seeks to  authorise the making of a Definitive Map Modification Order  (DMMO) to record the route through Mill Plantation as a public footpath.

Resolved:  That approval be given to authorise the making of a Definitive Map Modification Order (DMMO) to record the route through Mill Plantation adjacent to Windmill Lane, Heslington as a public footpath as shown on the map at Annex 2 to the report.

Reason:     The available evidence meets the statutory test of reasonably alleging that a public right of way subsists over the land.

The Executive Member considered a report which asked him to authorise the making of a Definitive Map Modification Order (DMMO) to record the route through Mill Plantation, adjacent to Mill Lane, as a public footpath, based on evidence available to the council which meets the statutory test of reasonably alleging that a public right of way subsists over the land.

Officers provided an update, advising the Executive Member that since the report had been written, 17 more evidence of use forms recording use of the application route had been received, most of which related to the relevant period set out in the report. While this did not change the officer recommendation, they advised that in total, 32 user evidence forms now supported the application alleging use between 1947 and 2019. Of the 32 forms, 23 fell within the relevant period of 1969 to 1989 and of those 23 forms alleging use within the relevant period, 11 evidenced use for 20 or more years. The majority of users (27 out of 32) said they had used the path on foot on a daily or weekly basis; and two users also said they had used the path on a bicycle but only for a period of six years each which was not sufficient to bring a right of way on a bike into being.

The Executive Member took into consideration a written representation received from the Land and Buildings Manager of University of York which officers felt presented the use of the land as not as contentious as user evidence had lead them to understand. With regard to the University’s reference in their written representation to cables under the path, he noted that there was no intention to resurface the path so this was not an issue.

Resolved:  That approval be given to authorise the making of a Definitive Map Modification Order (DMMO) to record the route through Mill Plantation adjacent to Windmill Lane, Heslington as a public footpath as shown on the map at Annex 2 to the report.

Reason:     The available evidence meets the statutory test of reasonably alleging that a public right of way subsists over the land.