New Leake DMMO 353 - Register of DMMO applications

DMMO number
DMMO 353
Intended effect of the application
Claimed footpath
Grid references for start and end of claimed route
TF 40189 56938 to TF 40328 57520
Principal cities,towns,villages near claimed route
Spilsby
Parish
Eastville, Midville and New Leake Group
District
East Lindsey
Applicant's name
Mr S Tait
Applicant's address
Moordale Cottage, Drainside, New Leake, PE22 8JA
Date of application
30 May 2012
Council officer
Senior Definitive Map Officer
Application number
DMMO/353/NEW LEAKE
Council telephone number
01522 782070
Council email
countryside_accesss@lincolnshire.gov.uk
Date of council's decision
02 September 2014
Outcome and reasons for the decision
An Order to be made as per the application except for the track running east-west north of drain at the north of the village. The County Council believes that the evidence is deemed to be sufficient to show public footpath rights through common law.
Details of appeal to the Secretary of State
Objections to the Order were received and the Order has been submitted to the Secretary of State for determination.
Date modification order made
27 October 2014
Confirmation,non confirmation (with,without mods)
The Secretary of State decided on 5th July 2016 not to confirm the Order. It was considered that because use was by a limited number of people "it would not be possible to reasonably ascribe the inaction of the landowners to toleration or acquiescence of the claimed use as he, she or they are unlikely to have been aware of it". The inspector concluded that "there is little or no evidence from which it could be concluded that the relevant landowners intended to dedicate a public right of way".
Completed
Yes
Documents