S140154 Version 2 April 2009 FORM A Application Form for a Modification Order

Wildlife and Countryside Act 1981

Title of the Definitive Map and statement: Humberside County Council Borough of East Definitive Map and Statement of Public Rights of Way

To: Council

Of: County Hall, . HU17 9BA (F.A.O. Definitive Map Team, AS67)

I Anthony Corrigan [on behalf of East Yorkshire and Derwent Area Ramblers]

of 2 Lysander Drive, , East Yorkshire YO43 3NQ hereby apply for an order under Section 53(2) of the Wildlife and Countryside Act 1981 modifying the definitive map and statement for the area by:-

(a) Deleting the footpath / bridleway / restricted byway / byway open to all traffic from to

(b) Adding a Footpath

from Grid reference SE 80972 49176 [ Road, ]

to Grid reference SE 83440 46401 [Burnby Lane, Burnby]

(c) Upgrading / downgrading to a [footpath / bridleway / restricted byway / byway open to all traffic] the [footpath / bridleway / restricted byway / byway open to all traffic] from to

(d) Varying / adding to the particulars relating to the footpath / bridleway / restricted byway / byway open to all traffic from to by providing that

And shown on the map accompanying this application.

I attach copies of the evidence in support of this application.

Date 14th January 2021 Signed A Corrigan

Page 1 of 3 Version 2 April 2009 FORM A Documents

Document Location/Reference No.

OS Explorer map 294 [2015] OS on line mapping Pocklington Enclosure Award [1759] ERYC refs RDB/1/2/Book Y f.230 & DDBD/56/1 Pocklington Records ERYC Archives Ref DDX 511/5 - 8 OS Map York 176 & 193 [1854: 1892: 1910: 1929 & 1953] National Library of Scotland Mapping Inland Revenue Finance Act 1910 Map [Yorkshire - 176 & 193] Nat Archives - Ref ir 134/5/216: 290:291 & 295 Inland Revenue Area Field Books Nat Archives - Ref ir 58/94840 & 94918 OS Object Names Book Nat Archives - Ref OS 35/8401 Indenture - Sale of Kilnwick Percy Estate [1919] Hull History Centre Ref - U DDH03/18/1 Plan of the Township of Burnby [1825] ERYC Archives Ref - DDAN/267 Burnby Tithe Records and map [1849] York Borthwick Archives Ref - TA 105 S Railway Deposited Plan and Book of Reference [1845] ERYC Archives Ref - QDP/148 ERYC Archives Ref - DDCC/152/2 ERYC Ref - DDSD/731 & DDX 6/1 National Library of Scotland Mapping Burnby Estate Sale documents [1927] ERYC Archives Ref - DDAN/265 Definitive Map Review Schedules ERYC Archives Ref CCHU/2/3/2/107 HM Land Registry Extract [2020] INSPIRE online mapping

Give your reasoned case as to how the evidence submitted with this application proves on the balance of probabilities that a Definitive Map Modification Order should be made to amend the Definitive Map and Statement.

a) This application concerns an alleged public highway, starting at Kilnwick Road, Pocklington and terminating at Burnby Lane in Burnby village. b) It is believed the route start point and continuance i.e. Clayfield Lane, was awarded at Although Pocklington Enclosure map is no longer available, reconstruction of apportionments suggests this to be probable. c) HM Inland Revenue Finance Act Valuation records show the application route crossed several hereditaments, most receiving a valuation deduction. One is Clayfield Farm land

d) An 1825 Town Plan of Burnby replicated in Burnby Tithe Award of 1849 depicts the application route. e) Ordnance Survey maps dated 1854 onwards show the route in part or entirety from Kilnwick Road, going through Clayfield and Throstle Nest Farms, ending at Burnby. f) Commercial maps predating those of Ordnance Survey show a route from Burnby towards Throstle Nest Farm and onwards to Kilnwick Percy. g) Sales documents of 1919 and 1927 relating to Kilnwick Percy and Burnby Estates contain plans that highlight some or all of the application route. h) Using the balance of probabilities test it is believed these individual items of evidence prove the application route reflects the Pocklington enclosure award of and its continuance thereafter to Burnby.

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