- Summary
-
Claimed bridleway between the ends of two sections of Marian Avenue and a claimed footpath running in a loop from and to the claimed bridleway.
- DMMO number
- DMMO 399
- Intended effect of the application
- Claimed bridleway, claimed footpath
- Grid references for start and end of claimed route
- TF508841 to TF508840
- Principal cities,towns,villages near claimed route
- Mablethorpe
- Parish
- Mablethorpe and Sutton
- Electoral Division
- Mablethorpe
- District
- East Lindsey
- Applicant's name
- Mr C Flanagan
- Applicant's address
-
24A Marian Avenue, Mablethorpe, LN12 2DZ
- Date of application
- 24 November 2017
- Council officer
- Senior Definitive Map Officer
- Application number
- DMMO/399/MABLETHORPE/SUTTON
- Council email
- countryside_access@lincolnshire.gov.uk
- Date of council's decision
- 21 August 2019
- Outcome and reasons for the decision
-
Decision make to make a definitive map modification order (DMMO) to add to the legal record of public rights of way, public footpaths over the two routes applied for on the grounds that there is sufficient evidence to reasonably allege that public footpath rights have arisen over them by statutory dedication over the 20 year term November 1997 – November 2017.
- Details of appeal to the Secretary of State
-
N/A
- Date modification order made
- 11 September 2019
- Confirmation,non confirmation (with,without mods)
-
The Modification Order was severed and the unopposed Parts I(i) and II(i) of the Modification Order made for the addition to the Definitive Map and Statement of a footpath running directly between the northern and southern sections of Marian Avenue were confirmed on 7 February 2020. As a result of the confirmation of these parts of the Order, the route is now recorded as Mablethorpe Public Footpath 1165 in the Definitive Map and Statement.
The opposed Parts I(ii) and II(ii) of the Order which seek the addition to the Definitive Map and Statement of a footpath loop running from and to Mablethorpe Public Footpath 1165 were submitted to the Secretary of State for Environment, Food and Rural Affairs on 14 October 2021 for a decision based on the evidence on whether these parts of the Order should be confirmed or not.
On 6 September 2022, the Secretary of State made a decision to not confirm Parts I(ii) and II(ii) of the Order made in respect of the footpath loop running from and to Mablethorpe Public Footpath 1165 on the grounds that there was insufficient documentary evidence supporting the existence of a public right of way and there was insufficient use of the route by members of the public to demonstrate, on the balance of probability, that a public right of way had arisen. As a result of this decision, the “footpath loop” has not been recorded as a public right of way.
- Completed
- Yes
- Documents