- Summary
-
Claimed footpath between public footpath 33 and North Road.
- DMMO number
- DMMO 365
- Intended effect of the application
- Claimed footpath
- Grid references for start and end of claimed route
- TF3314774838 to TF3314674845
- Principal cities,towns,villages near claimed route
- Tetford
- Parish
- Tetford and Salmonby
- District
- East Lindsey
- Applicant's name
- Lincolnshire County Council initiated
- Date of application
- 30 September 2013
- Council officer
- Senior Definitive Map Officer
- Application number
- DMMO/365/TETFORD
- Council telephone number
- 01522 782070
- Council email
- countryside_access@lincolnshire.gov.uk
- Date of council's decision
- 16 April 2019
- Outcome and reasons for the decision
-
The decision was made to record a public footpath from Footpath 33 to North Road (approximately 46 metres) with a width varying from 5 to 9.7 metres. The documentary evidence showed that the missing path had existed for over 50 years prior to the definitive map being published. The survey for the map indicated the path reaching North Road and so it was clear a mistake had been made during the preparation of the map that went unnoticed. The width was taken from the 1906 Ordnance Survey 25 inch map between the existing boundaries as this map was used to survey the path in 1952. The county council believes that the route had been dedicated at the time of the survey and more recent use confirms this.
- Details of appeal to the Secretary of State
-
The Secretary of State has dealt with the matter by written representations. The Secretary of State decided on 8 February 2021 to modify the Order by only confirming the northern section of the order route with a lesser width since it was accepted that the southern section already existed as Footpath 33 from its showing on the definitive map.
Following the advertisement of modification to the order an objection was received and further written representations were submitted.
- Date modification order made
- 3 May 2019
- Confirmation,non confirmation (with,without mods)
-
Objections were lodged against the making of the Modification Order. This means that the County Council is unable to confirm the Order and complete the process of recording the route as a public footpath in the Definitive Map and Statement.The Order, objection and necessary documentation were submitted to the Planning Inspectorate in October 2019 for an Inspector’s decision (on behalf of the Secretary of State for Environment, food and Rural Affairs) based on the evidence on whether the Order should be confirmed or not.Having considered the available evidence on conjunction with the comments of the objectors and the County Council, the Secretary of State made a decision on 8 February 2021 to modify the Order to confirm just the northern section of the order route given that the southern half of the order route was already recorded as a public footpath in the Definitive Map, and to confirm the whole length of the order route to be recorded with a 1.5 metre width. Following the advertisement of the modifications proposed to be made to the Order, an objection was received to the proposed modifications.Having considered the available evidence in conjunction with the submissions made by the objector, the Secretary of State made a decision on 8 June 2022 to confirm the Modification Order with revised modifications. As a result of the confirmation of the Order, Tetford Public Footpath 33 is now recorded in the Definitive Map and Statement as meeting with North Road in the village of Tetford, and that the 46-metre of stretch the northernmost end of this part of the public footpath has width of 1.5 metres.
- Completed
- Yes
- Documents