Ludborough DMMO 378 - Register of DMMO applications

Summary
Claimed footpath running along a track in a loop from and to Public Footpath 107
DMMO number
DMMO 378
Intended effect of the application
Claimed footpath
Grid references for start and end of claimed route
TF28739527 TF28139644 TF28479668 TF29139545
Address of property on which claimed route lies
N/A
Postcode(s) of address related to claimed route
N/A
Principal cities,towns,villages near claimed route
Louth, Ludborough
Parish
Ludborough
Electoral Division
Louth Wolds
District
East Lindsey
Applicant's name
Mrs J Dixon, Chairperson of Ludborough Parish Council
Date of application
06 October 2019
Council officer
Senior Definitive Map Officer
Application number
DMMO/378/LUDBOROUGH
Council telephone number
01522 782070
Council email
countryside_access@lincolnshire.gov.uk
Date of council's decision
12 April 2019
Outcome and reasons for the decision

Decision made to make a definitive map modification order (DMMO) to add to the legal record of public rights of way, the Definitive Map and Statement, the route claimed on the grounds that there is sufficient evidence to reasonably alleged that public footpath rights have arisen by way of statutory dedication over the 20 year term 1991-2011.

Whilst not applied for, the discovery of a footway recorded in the 1775 Inclosure Award and shown in its accompanying plan as the "Foot Road to Cadeby" has also been determined to be sufficient to reasonably allege that it is subject to a public footpath, and thus requiring a DMMO to be made for this route too. Just one DMMO will be made and it will include both of these routes.

Details of appeal to the Secretary of State

Not applicable

Date modification order made
3 May 2019
Confirmation,non confirmation (with,without mods)

An objection was lodged against the making of the Modification Order. The Order, together with the objections, available evidence and necessary documentation, was submitted to the Secretary of State for Environment, Food and Rural Affairs in March 2020 for a decision based on the evidence on whether the Order should be confirmed or not.  In a decision of 20 January 2023, the Secretary of State considered the evidence to be sufficient to demonstrate on the balance of probability that public footpath rights have arisen by statutory dedication over the 20-year term 1991-2011 over a farm track loop running from and to Ludborough Public Footpath 107 and that public footpath rights exist over a route running between Ludborough Public footpath 107 and the A18 Barton Street by virtue of it being recorded as the Cadeby Foot Road in the 1775 Ludborough Inclosure Award to warrant to the confirmation of the Order with modifications.  The modifications made by the Secretary of State were to correct the Ordnance Survey grid references used in Order.  As a result of the confirmation of the Order, the farm track loop and the Cadeby Foot Road are now recorded as public footpaths in the Definitive Map and Statement. They are called “Ludborough Public Footpath 1158” and “Ludborough Public Footpath 1159”, respectively.

Completed
Yes
Documents