- Summary
-
To upgrade to byway open to all Traffic (BOAT) Claypole public bridleway 8 and Stubton Roads Used as public paths 5 and 6, and to add a BOAT in Westborough and Dry Doddington.
- DMMO number
- DMMO 307
- Intended effect of the application
- Upgrade of Claypole Public Bridleway 8 and Stubton Roads Used as Public Paths (RUPPs) 5 and 6 to BOAT, and addition of BOAT in Westborough and Dry Doddington between the south-easternmost end of Stubton RUPP 6 and Clensey Lane
- Grid references for start and end of claimed route
- SK854488 to SK870477
- Principal cities,towns,villages near claimed route
- Claypole, Newark on Trent (Notts)
- Parish
- Claypole, Stubton,Westborough and Dry Doddington
- District
- South Kesteven
- Applicant's name
- Alec Hill
- Applicant's address
-
17 Burton Road, , Heckington, Sleaford, NG34 9QR
- Date of application
- 19 March 2006
- Council officer
- Senior Definitive Map Officer
- Application number
- DMMO/307/WESTBOROUGH AND DRY DODDINGTON/STUBTON/CLAYPOLE
- Council telephone number
- 01522 782070
- Council email
- countryside_access@lincolnshire.gov.uk
- Date of council's decision
- 2 July 2021
- Outcome and reasons for the decision
-
Claypole Public Bridleway 8 is recorded in the 1771 Claypole Inclosure Award as a 60ft wide public highway called ‘Hough Road’ for ‘all persons to pass and repass on foot, horseback and with cattle and carriages’. The route subject to the application is consistently shown in historical maps as a ‘road’ or ‘lane’, and it is recorded as a public highway in the ownership of the Surveyors of Highways in the 1845 Boston, Newark and Sheffield Railway Plan. In taking into account the statutory extinguishment of unrecorded public motor-propelled vehicular rights by the Natural Environment and Rural Communities Act 2006 (“the 2006 Act”), this evidence is sufficient to reasonably allege the existence of a restricted byway between Stubton Restricted Byway 6 and Clensey Lane and over Claypole Public Bridleway 8, save the part which passes over the East Coast Main Line which vehicular rights were stopped up by the London and North Eastern Railway Act 1937, to warrant the making of a definitive map modification order. Stubton Restricted Byways 5 and 6 will be included in the order as documentary evidence when considered with the statutory extinguishment of public motor-propelled vehicular rights by the 2006 Act shows that they are already of the correct classification.
- Date modification order made
- 5 January 2022
- Confirmation,non confirmation (with,without mods)
-
A number of objections and representations were received in response to the making of the Modification Order. The Order, objection, evidence, and the requisite documents were submitted to the Secretary of State for Environment, Food and Rural Affairs for a decision based on the evidence on whether the Order should be confirmed.
In a decision of 27 April 2026, the Secretary of State confirmed the Order with modifications for the following:
- Upgrade of the lengths of Claypole Public Bridleway 8 along Hough Lane, on either side of the East Coast Mainline, to restricted byway status, with a width of 60ft (18.29 metres), except where the route was diverted following construction of the railway, where a width of 8 metres applies.
- Addition of a restricted byway with a width of 60ft (18.29 metres), between Stubton Restricted Byway 6 and Clensey Lane. The Order records this route as “Westborough & Dry Doddington Restricted Byway 1189”.
The decision was based on the evidence from a range of sources, in particular the recording of the routes as public roads in the 1771 Claypole Inclosure Award, 1771 Westborough cum Doddington Inclosure Award, and 1845 Plan of the Boston, Newark & Sheffield Railway.
- Completed
- Yes
- Documents