- DMMO number
- DMMO 390
- Intended effect of the application
- Claimed bridleway
- Grid references for start and end of claimed route
- SK96876955 to SK96526941
- Principal cities,towns,villages near claimed route
- Lincoln
- Parish
- Lincoln
- Electoral Division
- Boultham
- District
- Lincoln City
- Applicant's name
- Mr G Hewson
- Applicant's address
-
152 Boultham Park Road, Lincoln, LN6 7TF
- Date of application
- 29 June 2017
- Council officer
- Senior Definitive Map Officer
- Application number
- DMMO/390/LINCOLN
- Council telephone number
- 01522 782070
- Council email
- countryside_access@lincolnshire.gov.uk
- Outcome and reasons for the decision
-
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 route applied for.
- The user evidence demonstrates that there has not been a sufficient level of use of the Application Route by the public over the 20-year statutory term, 1997-2017, to reasonably allege that a PROW subsists by virtue of statutory dedication (section 31 (1) of the Highways Act 1980) or by common law dedication.
- The evidence is supportive of the existence of a locked gate across the western end of the Application Route at Hall Drive, along with metal fencing to the northern side of the gate, from at least 2009-2017, with user evidence suggesting much earlier. The metal fencing was bent to allow narrow access to the Application Route. The fencing was forcibly removed in 2017. Use of the Application Route is considered to be with force and contentious, and therefore not as of right, which is fatal to both presumed or implied dedication at statute or common law.
- Completed
- No
- Documents