Decision

The proposed submission to the Secretary of State (SoS) of an opposed Definitive Map Modification Order (DMMO) to take a neutral stance to the Confirmation of the Order is approved.

Reasons for the decision

As discussed in section 6.4 of the report, overall, it is considered that the inconclusive, and in places contradictory, nature of the evidence means it is unclear whether or not the relevant legal test has been met to support confirmation of the Order. Whilst Officers’ opinion, in the light of the Appeal Inspector’s decision, is that additional weight should be given to some of the evidence, further evidence has been submitted which reduces the weight of some other documents.

Planning Inspectorate guidance acknowledges that a neutral stance is often taken in cases where an Authority has been directed to make the Order, such as in this case.

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.