Orby DMMO 343 - Register of DMMO applications

Decision made to make a Modification Order to delete from the Definitive Map and Statement part of Public Footpath No 238 between Public Footpath No 235 and Marsh Lane’s junction with Orby Holme Field Lane, and add a ‘public footpath’ along the north side of South Drain and the eastern boundary of a field between Public Footpath No 235 and the western end of Holmfield Lane. The evidence shows that no public right of way had ever existed on this section of Public Footpath No 238, and that the historical line of the route exists on the line of the ‘public footpath’ to be added.

With regards to the section of Public Footpath No 238 along the south side of a field boundary between the passageway and Public Footpath No 235 which was applied for to be deleted from the Definitive Map and Statement, as the documentary evidence supports the existence of a footpath on this line, this section of the public footpath will not be included in the Order and shall remain as a public footpath on the Definitive Map and Statement. There is also insufficient evidence to support that public rights are reasonably alleged to subsist over the sections of the claimed footpath applied for along the north side of a field boundary between the passageway and Public Footpath No 235, and along the west side of the field boundary between South Drain and the western end of Holmfield Lane. The Modification Order will not include these sections of the claimed way.

Orby application and map