Decision details

A report was presented on an application for the addition of a Bridleway along Lord's Lot Road, Over Kellet to be recorded on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee Plan between points A-W-H. This was referred to as the 'application route' and the similar route A-W-X joining Borwick Road a little further south as the 'amended route'.

Committee noted that a previous application had been considered by the County Council in 1985, not long after the 1981 Act introduced continuous review of the Definitive Map and Statement. This application had been rejected. The current application was supported by much more evidence and the understanding of evidence for definitive map modification orders had developed considerably since 1985.

A site inspection had been carried out in September 2020.

A variety of maps, plans and other documents had been examined to discover when the route came into being, and to try to determine what its status may be.

Details of the evidence examined both in support of, and against, the making of an Order were provided to Committee.

Over Kellett Parish Council had indicated that they supported the application but has sought reassurance that, should the DMMO be approved, the road surface would be adequately maintained. A question was raised about who would be responsible for this. An explanation was provided to Committee, although it was noted that the maintenance issue could not be taken into account when considering whether public rights existed.

Taking all the evidence into account, Committee was advised that, on balance, there was sufficient evidence from which a dedication of a public bridleway between points A-W-X could be inferred at common law, but not between points W-H. It was suggested that Committee may therefore consider making an Order to add a public bridleway to the Definitive Map and Statement accordingly, and to promote the Order to confirmation. 

Resolved:

(i)  That the application for the addition of a Bridleway along Lord's Lot Road, Over Kellet be accepted with amendment.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add to the Definitive Map and Statement of Public Rights of Way, a Bridleway along Lord's Lot Road, Over Kellet as shown on Committee Plan between points A-W-X.

(iii)  That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation.