33 Albany Close, Skegness, PE25 2NE,
Decision to not make a modification order. Notices which have been present and maintained by the landowner on the Application Route since at least early 1996 have been worded and sited in a sufficient manner to rebut the presumption of dedication of the route as a public right of way by the landowner. The notices have therefore negated any evidence of public use of the route since their erection irrespective of whether the users chose to heed or ignore them. Whilst the notices are considered to have been a sufficient act by the landowner to have brought the public's right to use the Application Route into question, it has not been possible to identify from the evidence a consistent or unchanged line which has been used by the public over the statutory 20 year period immediately prior to the erection of the notices or a common law period prior to the construction of the sea defence and track in 1994-1995. Consideration has been given as to whether a public right of way has arisen at common law by virtue of use of the route by the public over the period between the completion of the sea defence and track and the erection of the notices. However, due to the short period of time (possibly months) between the completion of the sea defence and track and the erection of the notices, neither the users, landowner or the Environment Agency have been able to narrow down the completion of the sea defence and track or the erection of the notices to a specific date or month to identify a period of time from dedication at common law to be considered.
The Applicant has not lodged an appeal against the County Council's decision with the Secretary of State.
