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10 Public Rights of Way DMMO.Pdf ITEM 10 NORTH YORKSHIRE LOCAL ACCESS FORUM 17 FEBRUARY 2011 PUBLIC RIGHTS OF WAY DEFINITIVE MAP MODIFICATION ORDER AND PUBLIC PATH ORDER APPLICATIONS - AN UPDATE 1.0 PURPOSE OF REPORT 1.1 To provide an update to members on progress with processing Definitive Map Modification Order and Public Path Order applications since August 2010. The cases referred to are listed in the attached schedules. 2.0 RECENT DMMO AND PUBLIC PATH ORDER DETERMINATIONS 2.1 Since August 2010 ten applications have been fully completed:- • Creation Agreement 1 • Diversion Orders 3 • DMMOs 5 • Extinguishment Order 1 These Orders are detailed in Appendix 1. 2.2 The Eppleby Diversion Order was initially promoted to resolve a tarmac surfacing issue on a bridleway, and evolved into an opportunity to improve the layout of the footpaths and bridleways at the property, resolving a minor obstruction, and in turn providing greater privacy for the property. 2.3 Two of the DMMOs were confirmed; the Sherburn in Elmet one having been very high profile locally where a developer had incorporated the path into the development, locking large gates on completion of the works. The PC had promptly submitted the application, which the developer eventually did not oppose, given the strength of public opinion and the evidence submitted. 2.4 The application at Burniston, Scarborough, noted as being rejected, was actually resolved by a Creation Agreement for the currently used section of the claimed route. 2.5 The remaining 2 applications were rejected due to the limited evidence provided. The application for the BOAT at Thornton Dale was also affected by the Natural Environment and Rural Communities (NERC) Act, so could not have achieved BOAT status, the route was already recorded - 1 - NYCC – 17.02.2011 – LAF DMMO & Public Path Order Applics - Update as a bridleway. The applicants were given the opportunity to improve the applications but took no steps to do so. 2.6 The Extinguishment in Knaresborough removed a short footpath in an urban area, which was built over in 1951. There was no suitable alternative that would have served any useful purpose, there was no opposition to the extinguishment. 3.0 ORDERS IN PROGRESS 3.1 The most recently made Orders are listed in Appendix 2. The majority of these are expected to be confirmed within the next couple of months, however some are already opposed, and will be forwarded to the Secretary of State for determination. The most notable of these is the Kirk Hammerton Order relating to the former Skewkirk Bridge. 3.2 The Extinguishment Order had been made for the footpath at Fewston due to a number of problems including an obstruction. It is unusual that extinguishments are undertaken, and the landowner was advised that if there was any objection to the order it would not be pursued. Objections have been received, and the problems will now need to be resolved by other means. 3.3 Other applications that are in progress are listed in Appendix 3. There are 14 Creation Agreements and Creation Orders in progress, including ones for bridleways at Austwick and Coldstones Quarry, Bewerley, both of which provide routes to avoid busy stretches of road; and 2 bridleways on MOD land improving bridleway access around Catterick Garrison, and a dedication of a bridleway by Hillam Parish Council to upgrade an existing footpath. 3.4 There are 79 Diversion Order applications at various stages of processing, of which 2 require referral to the Secretary of State (SoS) for determination, where there are formal objections outstanding, these are at Swinsty Hall, Little Timble (Har) and at Sugar Hill Farm at Stutton-with- Hazelwood (Sel). 3.5 There are 40 DMMO applications under investigation at various stages. Fourteen require referral to the SoS for determination, where there are formal objections outstanding. Two applications are under consideration by the SoS; a proposed footpath at Smelthouses, near Pateley Bridge and a proposed bridleway at Shaw Mills, Bishop Thornton. The former will be resolved by a public inquiry to be held on 31 May. NYCC – 18.02.2011 – LAF DMMO & Public Path Order Applics - Update - 2 - 4.0 NEW APPLICATIONS 4.1 Six new applications have been received since August. Four are for diversions:- • SCAR/2010/03/DO Low Hall Fm, Brompton by Sawdon FP • HAR/2010/21/DO Chestnut House Fm, Bilton in Ainsty FP • HAM/2010/08/DO Thornton Park, Thirsk BW • HAR/2010/15/DO Felliscliffe House, Felliscliffe FP 4.2 Two for DMMOs:- • CRA/2010/05/DMMO Greenroyd Drive, Sutton-in-Craven Add FP • HAR/2010/16/DMMO Cocklakes Lane, Marton le Moor Add BW 5.0 RECOMMENDATION 5.1 To receive the report for information Contact Officer: Penny Noake Definitive Map Team Leader - 01609 532245 NYCC – 18.02.2011 – LAF DMMO & Public Path Order Applics - Update - 3 - Path Orders and DMMOs Completed August 2010 - February 2011 Application Reference Parish Location Status or Informal Sealed Outcome Outcome Type number Alteration Consultation Date Creation Agreement SCAR/2009/05/CA Scar - Whitby Stakesby Vale, Whitby Add FP Conf & cert not needed 17/12/2010 Diversion Order RICH/2009/03/DO Rich - Eppleby Lower Chapel House Farm, Caldwell BW 25/11/2009 Confirmed & Certified 17/08/2010 SEL/2008/05/DO Sel - Cliffe Newhay Grange FP 13/07/2009 29/04/2010 Conf & cert not needed 25/08/2010 SEL/2009/03/DO Sel - Gateforth Keepers Cottage (Burton Hall Farm FP 08/06/2009 21/01/2010 Conf & cert not needed 26/08/2010 DMMO RYE/2005/02/DMMO Rye - Thornton le Dale Outgang Lane Add BOAT Rejected/Abandoned 29/09/2010 SCAR/1989/01/DMM Scar - Burniston Burniston Beck to Former Rly Add FP 21/07/2010 Rejected 11/08/2010 SEL/1993/01/DMMO Sel - Stillingfleet Beckside to Moreby Add FP Rejected/Abandoned 14/08/2010 SEL/2007/01/DMMO Sel - Sherburn in Elmet Beech Grove to Kirkgate Add FP 25/11/2009 04/02/2010 Conf & cert not needed 20/10/2010 Extinguishment Order HAR/2010/03/EO Har - Knaresborough 29 The Avenue, Knaresborough, HG Extinguish F 26/02/2010 15/06/2010 Conf & cert not needed 20/09/2010 08 February 2011 APPENDIX 1 Page 1 of 1 Orders Advertised or to be Advertised - August 2010 - February 2011 Application Type Reference number Parish Location Route Sent to Sealed Type Admin Creation Agreement CRA/2010/04/CA Cra - Austwick North side of A65 between B6480 Clapham to Austwick Add BW 29/09/2010 RYE/2009/08/CA Rye - Gilling East Park Wood Bridleway Add BW 22/09/2010 SEL/2007/08/CA Sel - Hillam Dunce Mire Road, Hillam Add BW 05/10/2010 Diversion Order CRA/2009/04/DO Cra - Bentham Wesley Close, Bentham FP 23/11/2010 03/12/2010 HAM/2006/17/DO Ham - Kilburn High & Wildon Grange & Low Kilburn Grange Kilburn FP 25/08/2010 29/10/2010 HAM/2010/02/DO Ham - Middleton on L Indian Farm FP 02/09/2010 23/12/2010 HAM/2010/06/DO Ham - Exelby, Leemin Burtree Dike, Exelby FP 07/09/2010 29/09/2010 HAR/2009/12/DO Har - Rainton with Ne Long Meadows, Rainton with Newby FP 26/11/2010 17/12/2010 RYE/2010/06/DO Rye - Westow Firby Hall FP 23/11/2010 24/12/2010 DMMO HAR/2005/13/DMMO Har - Masham Quaker Terrace to Black Bull Yard Add FP 17/08/2010 29/09/2010 HAR/2008/07/DMMO Har - Kirk Hammerton Skewkirk Bridge Add BW 09/09/2010 24/09/2010 RICH/2010/02/DMMO Rich - Brompton on S Agricola Bridge Along River Swale Add FP 22/12/2010 SCAR/2008/03/DMMO Scar - Folkton A1039 Filey Road to Flixton/Fordon Road (link to Wolds Way) Add BW 25/10/2010 18/11/2010 Extinguishment Order HAR/2010/07/EO Har - Fewston High House Farm Extinguish 08/09/2010 29/09/2010 08 February 2011 APPENDIX 2 Page 1 of 1 Orders In Progress - August 2010 - February 2011 Application Parish Reference Location Status or Informal Informal Committee Sealed Formal Type number Alteration Consultation Objections Objection s Creation Agreement Cra - Austwick CRA/2010/04/CA North side of A65 between B6480 Clapham to Aus Add BW Ham - Aldwark HAM/2009/01/CA Aldwark Village to Aldwark Toll Bridge Add FP Ham - Shipton HAM/2009/07/CA Station Lane to Burrell's Lane Add FP Har - Bewerley HAR/2005/32/CA Bessie's Way Add FP Har - Bewerley HAR/2010/23/CA Coldstones Quarry Add BW Har - Nesfield with Langbar HAR/2005/25/CA Bradford Met Area. Fisher Fountain Ford to High M Add FP Rich - Colburn RICH/2007/02/CA Catterick Road to Horne Road BW Rich - Gilling with Hartforth RICH/2009/06/CA B6274 to FP 20.33/10 Add FP 26/07/2010 Rich - Hipswell RICH/2007/01/CA Gough Road to Haig Road, Hipswell Add BW Rich - Scorton RICH/2010/03/CA Scorton Quarry Add BW Rye - Sherburn RYE/2005/14/CA Kingspan Metl-Con Ltd Add FP Rye - Wombleton RYE/2009/04/CA Land adjacent A170 Add FP Sel - Brayton SEL/2004/34/CA Mill Lane Stables, Brayton Add FP Sel - Hillam SEL/2007/08/CA Dunce Mire Road, Hillam Add BW Creation Order Cra - Long Preston CRA/2005/01/CO Sour Dale Lane, Long Preston Add BW Ham - Bedale HAM/2010/03/CO Ginnel between Market Place and Emgate Add FP 30/06/2010 Rye - Ebberston & Yedingham RYE/2007/17/CO Lingy Plantation FP 29/06/2007 08/02/2008 Diversion Order Cra - Austwick CRA/2008/03/DO Middle Birks FP 17/07/2009 06/05/2010 Cra - Bentham CRA/2009/01/DO The Ridding, Low Bentham FP 10/06/2009 13/10/2009 Cra - Bentham CRA/2009/04/DO Wesley Close, Bentham FP 28/09/2009 03/12/2010 Cra - Bentham CRA/2010/06/DO Bentham Caravan Park 08 February 2011 APPENDIX 3 Page 1 of 6 Application Parish Reference Location Status or Informal Informal Committee Sealed Formal Type number Alteration Consultation Objections Objection s Cra - Cowling CRA/2004/15/DO Haws Farm & Barn FP 15/10/2004 26/04/2006 Cra - Giggleswick CRA/2011/01/DMMO Land to the east of Bankwell Road Cra - Glusburn CRA/2008/01/DO Manor House, Glusburn
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