Harmston and Coleby DMMO 326 - Register of DMMO applications

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