Issue - meetings

The Executive Member is asked to consider an application for a definitive map modification order (DMMO) seeking to record a public footpath that has been investigated between Chantry Lane, Bishopthorpe and Acaster Malbis 3.

Resolved: That, in accordance with Option A:

(i)           The making of a DMMO to record the route from Ferry Lane to Acaster Malbis 3 (B to C to D), as shown on the map at Appendix 2, as a public footpath, be approved.

Reason:     The available evidence meets the statutory test of reasonably alleging that a public right of way subsists over the land affected by B to C to D.

(ii)          The 2006 application be rejected and the applicant informed of their right to appeal.

Reason:     The application was not duly made and relates only to the consecrated land (A-B).

The Executive Member then resumed the chair and considered a report which presented options to determine an application for a Definitive Map Modification Order (DMMO) to record a public footpath between Chantry Lane, Bishopthorpe and Acaster Malbis 3.

Two duly made applications had been submitted by Bishopthorpe Parish Council, one in 1994 for the route A to B to C and one in 2004 for the route A to B to C to D, as shown on the map at Appendix 2 to the report.  A third application, received in 2006, was unsupported by evidence so had not been duly made.  The land crossed by the route was held by a large number of landowners, including the parish council and the church.  An initial consultation had been carried out, the results of which were summarised in paragraphs 9 to 13. 

Three options were available, as set out in paragraphs 14-16, analysed in paragraphs 17-37 and summarised below:

Option A – authorise the making of a DMMO to record the route B to C to D, reject the 2006 application and inform the applicant of their right to appeal.  This was the recommended option as the evidence met the statutory test.

Option B – reject all the applications and inform the applicant.  Not recommended, as any appeal was likely to be successful.

Option C – authorise the making of a DMMO over the whole route.  Not recommended, as the land between A and B was consecrated and public rights of way could not be established on such land.

In response to matters raised under Public Participation, officers confirmed that the speaker was included on the list of consultees.  Once the path was recorded, the council would have powers to mitigate and assist landowners with any issues arising.

Resolved: That, in accordance with Option A:

(i)           The making of a DMMO to record the route from Ferry Lane to Acaster Malbis 3 (B to C to D), as shown on the map at Appendix 2, as a public footpath, be approved.

Reason:     The available evidence meets the statutory test of reasonably alleging that a public right of way subsists over the land affected by B to C to D.

(ii)          The 2006 application be rejected and the applicant informed of their right to appeal.

Reason:     The application was not duly made and relates only to the consecrated land (A-B).