Issue - meetings

This report is seeking authorisation to confirm the Definitive Map Modification Order.

In view of previous representations by the Executive Member in relation to the above and his position therefore being predetermined, Cllr D’Agorne cannot participate in any decision making in relation to this item. In accordance with the Constitution the Executive Leader will instead attend for the purpose of determining this issue.

Resolved:  That the Definitive Map Modification Order to record the route through Mill Plantation as a public footpath, as shown on the map at Annex 2 to the report, be confirmed.

Reason:     No objections were received during the statutory notice period, and the additional evidence of use detailed at the Decision Session on 7 February 2019 means that, on the balance of probabilities, the route is a public right of way.

The Executive Leader took the chair at this point and considered a report which sought approval to confirm the above Definitive Map Modification Order (DMMO).

At a Decision Session on 7 February 2019, the then Executive Member for Transport and Planning had authorised the making of the DMMO, in accordance with the recommendations in the report to that meeting, attached as Annex 3 to the current report.  Additional evidence provided by officers at the session, supporting the existence of the public footpath, was reproduced in paragraph 4 of the current report.  Statutory consultation had now been completed, as detailed in paragraph 7,and no objections or representations had been received during the notice period.

Resolved:  That the Definitive Map Modification Order to record the route through Mill Plantation as a public footpath, as shown on the map at Annex 2 to the report, be confirmed.

Reason:     No objections were received during the statutory notice period, and the additional evidence of use detailed at the Decision Session on 7 February 2019 means that, on the balance of probabilities, the route is a public right of way.