Utterby DMMO 354 - Register of DMMO applications

Summary
Claimed footpath between Grange Lane and Holywell Lane
DMMO number
DMMO 354
Intended effect of the application
Claimed footpath
Grid references for start and end of claimed route
TF31369359 to TF31169381
Address of property on which claimed route lies
A map showing the route is attached to the copy of the Application (please see the link at the end of the document).
Principal cities,towns,villages near claimed route
Utterby
Parish
Utterby
District
East Lindsey
Applicant's name
Mrs M Scott
Applicant's address

The Hollies, Main Road, Utterby, Louth, LN11 0TQ

Date of application
08 May 2012
Council officer
Senior Definitive Map Officer
Application number
DMMO/354/UTTERBY
Council telephone number
01522 782070
Council email
countryside_access@lincolnshire.gov.uk
Date of council's decision
02 December 2013
Outcome and reasons for the decision
Decision made to make an Order to add to the Definitive Map and Statement a public footpath between Grange Lane and Holywell Lane in Utterby Parish. The user evidence considered shows substantial and frequent use of the route throughout the relevant 20 year period between November 1991 and November 2011, with 15 separate instances of 20 years' use of the route throughout this period. Use of the route has been predominantly on foot, as of right, enjoyed by the public and without interruption. There is evidence which shows that some people's use of the route was challenged or that they had permission to use it, and some of the evidence not supporting the application conflicts with that submitted by the users. It is considered that the documentation not supporting the application may provide some evidence showing that the landowner had no intention to dedicate the route as a public right of way, but this evidence is not incontrovertible. For these reasons, the County Council determined that public footpath rights are reasonably alleged to subsist over the route, and that an Order should be made.
Details of appeal to the Secretary of State
An objection to the Order was received and the Order has been submitted to the Secretary of State for determination. A public inquiry will be held at Louth Town Hall on 15 November 2016.
Date modification order made
30 January 2014
Confirmation,non confirmation (with,without mods)
The Secretary of State has made a determination based on all of the available evidence to not confirm the Modification Order in a decision of 7 December 2016. This means that the claimed route will not be recorded as a public right of way.
Completed
Yes
Documents