Agenda Item HAMPSHIRE COUNTY COUNCIL Decision Report Decision Maker: Regulatory Committee Date: 16 March 2016 Title: Application for a Definitive Map Modification Order to record a Byway Open to all Traffic between Saunders Lane and Lockerley Road, in the Parish of Awbridge Reference: 7353 Report From: Director of Culture, Communities and Business Services Contact name: Harry Goodchild Tel: 01962 846044 Email:
[email protected] 1 Executive Summary 1.1 This is an application, made under Section 53 of the Wildlife and Countryside Act 1981, to record a Byway Open to all Traffic (BOAT) between Saunders Lane and Lockerley Road, in the village of Awbridge. If the application is successful, the route would be made available for use for all classes of public use (including motorised vehicles). The claim is supported by historic documentary and user evidence. 1.2 It is considered that the evidence submitted in support of this application is sufficient for it to be inferred that, on the balance of probabilities, the route has been dedicated as a public carriageway and that an order should be made to record the route on the Definitive Map. However, it is also considered that the provisions of the Natural Environment and Rural Communities Act 2006 have extinguished motorised vehicular rights that subsist on the route, and it is therefore recommended that the route should be recorded as a restricted byway. 2 Legal framework for the decision WILDLIFE AND COUNTRYSIDE ACT 1981 - Section 53: Duty to keep definitive map and statement under continuous review (2) As regards every definitive map and statement, the surveying authority shall: b) ...