Decision

That the Authority supports confirmation of
the Definitive Map Modification Order in its submission of the
opposed Order to the Secretary of State

Reasons for the decision

The evidence, especially the Inclosure
documentary evidence, strongly supports that the Order route
carries public carriageway rights, and that this meets the legal
‘balance of probabilities’ test. Although claims have
been made by objectors that carriageway rights do not exist, or are
purely private rights, no evidence has been submitted to support
this.

Overall, it is considered that there is sufficient evidence to
conclude that the Definitive Map should be amended in accordance
with the current Order, and therefore that, of the options outlined
in paragraph 4.2 of the report, in this instance, the Council
should support confirmation of the Order.

Alternative options considered

The options available to the Council are as
set out in paragraph 4.2 of the report, ie the stance the Council
will take when submitting the opposed Order to the Secretary of
State, and this decision must be based on the evidence available.
The legislation does not allow the Council to abandon or not
continue with an opposed DMMO; if the Order is opposed it must be
submitted to the Secretary of State for decision on whether or not
it should be confirmed.