- Summary
-
Claimed footpath from Grange Lane to the former railway and beyond
- DMMO number
- DMMO 355
- Intended effect of the application
- Claimed footpath
- Grid references for start and end of claimed route
- TF31169381 to TF31609432
- 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/355/UTTERBY
- Council telephone number
- 01522 782070
- Council email
- countryside_access@lincolnshire.gov.uk
- Date of council's decision
- 05 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 over a track running from Grange Lane to and beyond the disused railway, to a field boundary, in the parish of Utterby. The user evidence considered shows frequent use of the route throughout the relevant 20 year period between November 1991 and November 2011, with 9 separate instances of 20 years use of the route throughout this period. A route continuing from the end of the claimed public right of way to a field boundary has also been used by some members of the public, with 4 separate instances of 20 years' use of the route throughout the above 20 year period. Use of the route has been predominantly on foot, as of right, enjoyed by the public and without interruption. There is some evidence which shows that some people's use of the route was challenged or that they had permission to use it, and other evidence records that that gates on the route were occasionally closed, and periodically locked. 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