Cranwell and Byard's Leap DMMO 375 - Register of DMMO applications

The Council determined not to make a modification order on the following grounds:

• There was insufficient documentary evidence to support the existence of a historical public right of way (PROW) over the alleged route.
• The alleged PROW was blocked by a previous owner of Oxenford Farm in 1998 and 2002.  Although the route was re-opened because it was incorrectly considered at that time to be a public footpath, the actions of the landowner were sufficient to rebut the presumption of statutory dedication of the route as a PROW (section 31(1) of the Highways Act 1980).
• Part of the land over which the alleged PROW runs was owned by the Crown Estate until 2013.  Crown land is exempt from statutory dedication and therefore use of the route up to this time cannot rely on 20-year use provisions under section 31 of the Highways Act 1980.  In addition, the Crown Estate Commissioners deposited a highways statement and map and statutory declaration during the relevant 20-year statutory term 1997-2017 covering the relevant part of the land over which the alleged PROW runs.  These documents provide sufficient evidence to demonstrate that the Crown Estate had no intention of dedicating any highways or public rights of way across their land between the dates of the documents.
• The level of use of the route by members of the public recorded in the user evidence forms during the common law period between April 2004 and October 2012 is insufficient to reasonably allege that a PROW has arisen by implied common law dedication.

Cranwell DMMO 375

Cranwell DMMO 375 case decision