- Summary
-
Re-alignment of Harmston Footpath 3
- DMMO number
- DMMO 326
- Intended effect of the application
- Realign Footpath
- Grid references for start and end of claimed route
- SK 97386158 to SK 97716163
- Principal cities,towns,villages near claimed route
- Harmston
- Parish
- Harmston
- District
- North Kesteven
- Applicant's name
- Initiated by Lincolnshire County Council
- Applicant's address
-
Development Directorate, Lincolnshire County Council, 4th Floor, City Hall, Lincoln, LN1 1DN
- Date of application
- 12 March 2008
- Council officer
- Senior Definitive Map Officer
- Application number
- DMMO/326/HARMSTON/COLEBY
- Council telephone number
- 01522 782070
- Council email
- countryside_access@lincolnshire.gov.uk
- Date of council's decision
- 07 December 2009
- Outcome and reasons for the decision
-
Decision NOT to make an Order to delete Harmston Public Footpath No. 3 as the County council has been unable to find sufficient evidence that it is incorrectly recorded on the Definitive Map and Statement. Decision to make an Order to add to the Definitive Map and Statement a public footpath running north from a point on the parish boundary where Harmston Public Footpath No. 3 and Coleby Public Footpath No. 2 meet along the west side of a field edge, and then east along the north side of a field boundary to Grantham Road. The user-evidence considered shows frequent use of the claimed public footpath between 2000 and 2008. 12 users have used it regularly for the full period and 7 users have used it for part of this period. A number of documentary sources support the existence of a route running north from the parish boundary along the west side of field edge. The section of the claimed route running east along the north side of a field boundary to Grantham Road is the result of a Quarter Sessions Footpath Diversion dated January 1932. The claimed public footpath is 2 metres in width. Although the Quarter Sessions Footpath Diversion refers to the route to be 4 feet in width (1.22 metres), a greater width of 2 metres appears to have been acquired through later public use over this part of the route. The County Council believes that dedication at common law has occurred over the claimed public footpath.
- Details of appeal to the Secretary of State
-
An objection to the Order was received and the Order was submitted to the Planning Inspectorate for determination. On 6 October 2011, the Planning Inspectorate confirmed the Order without modifications.
- Date modification order made
- 06 January 2010
- Confirmation,non confirmation (with,without mods)
-
Confirmation by The Planning Inspectorate by written representation, 6th October 2011.
- Completed
- Yes