Application M963 Hinckley and Bosworth

Definitive Map of Rights of Way for Leicestershire Register of Definitive Map Modification Order Applications

Short Description: From Shilton Road, Barwell to footpath U32.

Application No.: M963 Legal Services Ref. No.: HTWMT/ Application Status: Withdrawn. Matter resolved by Deed of Dedication

Geographical Location Path No: U74 Route name (if known): Settlement: Barwell Parish: Barwell District/Borough: Hinckley and Bosworth Nearest Town/City: Hinckley Start Location: Start Grid Refs: Landranger: SP 452 970 Eastings,Northings: 445230,297090 End Location: End Grid Refs: Landranger: SP 452 969 Eastings,Northings: 445290,296920

Applicant’s Name, Address & Postcode: Barwell Parish Council, 10 High Street, Barwell, Leicester. LE9 8DQ

Date Received: 11 Feb 2013 Date Determined:* 26/03/2015 Application Stage(s): • 23/04/2013 More detailed plans received from witnesses. • 26/06/2013 Site meeting held with representatives of Parish Council and landowner’s son. It was hoped that landowner might be prepared to dedicate land concerned as a public right of way. • 21/10/2014 Information and plans forwarded to Legal Services requesting a Deed of Dedication to be made. • 26/03/2015 Deed of Dedication came into force enabling matter to be resolved without the need to process further the application for a Modification Order.

For Further Information Case Officer: Geoffrey Pendery Telephone: 0116 305 7084 Fax: 0116 305 7014 Email: [email protected]

Contents List: Page: Application Form 4 Map accompanying the application 6 Additional Documents N/A Inspector's Decision N/A

* Note the Determination Date is the occasion on which Leicestershire County Council formally decided whether or not to make an order in response to this application.

1 10 High Street Barwell Leicestershire LE980Q Tel: 01455 844229 Fax: 05601537315 Email: [email protected] www.barwell-pc.org.uk

11th February 2013

Geoffrey Pendrey Leicestershire County Council County Hall Glenfield Leicester LE38RJ

Dear Geoffrey

YOUR REF: 6444810 - FOOTPATH ON SHIL TON ROAD, BARWELL, LEICESTERSHIRE

We wish to apply for a Definitive Map Modification Order, and enclose forms PT.634 and PT.636. We also enclose 10 Evidence Forms from members of the public, including a member of Barwell Parish Council, who has used the footpath for many years.

We understand that the field on the left of the footpath is owned by Mrs Crowfoot of 156, Shilton Road, who is apparently the owner of this piece ofland in question. She recently instructed Danny F oster of Carrs Hill, Barwell to erect a gate on Shilton Road and she will be issuing keys to the people who live on Shilton Road who need access to their fields off this piece ofland. The names we have are Mr Pallet of Clay brooke House, 136, Shilton Road, Barwell, Mr Morris of 146, Shilton Road, Barwell and Mr Vero of Brookhill Farm, Ashby Road, Barwell.

We have obtained copies ofHistorical Maps dating back to 1888 showing the footpath which appears, at one point, to have been used as a road or track for access to two cottages that were once there, one of which a Barwell Parish Council Councillor lived in from 2ih November 1942 until May 1947 when the cottages, which were owned by a Mrs Frisby, ofShilton Road, Barwell, fell into a state of disrepair. There was also a smallholding along this track which was owned by a Mr George Geary also of Shilton Road.

It would appear that this piece oftracklfootpath was maybe omitted on the first Definitive Map published in 1952 or there is another reason why it does not appear. We hope this will be of use in establishing that this has been used as a footpath/right of way over many years without challenge until now.

Yours sincerely

'Li~!~ Mrs Demse- eighton -- Assistant Clerk For Barwell Parish Council Form PT634

APPLICATION FOR DEFINITIVE MAP MODIFICATION ORDER

WILDLIFE AND COUNTRYSIDE ACT 1981

DEFINITIVE MAP AND STATEMENT FOR THE COUNTY OF LEICESTERSHIRE

Please complete this form and return it together with Form PT636, and any evidence you wish to submit, to: Rights of Way Service, Travel Choice & Access Team, Environment and Transport Department, Leicestershire County Council, County Hall, Glenfield, Leicester, LE38RJ. IlWe.... B~.~.. .P~.~.~ ... ~~~~.\.:~......

of...... gA.~~.@.~1. .. ~~~~?L~~0.~.1~ ......

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

*adding a footpath/bridlo\\'ay/byway epen to all traffic

*tleleting a footpatl db, idlewayfbyway open to all tr affrc

*, rpgrGiQing the footpath/brietleway

~downgfadin9 the bridlovo'ayfbyway opefl to all traffie

*varying the particulars in the Definitive Statement relating to the footpath/bridleway/byway open to all traffic

(*delete as appropriate) which runs from...... :?8~.I,-:-~ ... ~.~...... to...... £o.QT.f.~ ...... V ..~.k...... , ...... , ...... as shown on the attached plan.

)'fwe attach copies of the following documentary evidence (including statements of witnesses) in support of this application:

List of Documents

.... .\0.. x::... ~ ~ ~ ..i;?~~~..... £ 9.?:-l':-l-S ...... , ...... , ...... , ...... ~.I;:?~.~......

... ..c;p.y.~~S ....l:-:i;:;::..\ .{.~ ...... , ...... , ...... , ...... M.~.~.. -:......

Signed .... ~_ ...~...... ,.... Dated...... \!. /.~.I.!.~.. :...... Form PT636

CERTIFICATE OF SERVICE OF NOTICE:

APPLICATION FOR DEFINITIVE MAP MODIFICATION ORDER

WILDLIFE AND COUNTRYSIDE ACT 1981

DEFINITIVE MAP AND STATEMENT FOR THE COUNTY OF LEICESTERSHIRE

Please complete this form and return it together with Form PT634, and any evidence you wish to submit, to: Rights of Way Service, Travel Choice & Access Team, Environment and Transport Department, Leicestershire County Council, County Hall, Glenfield, Leicester, LE38RJ.

'/We, ...... ~f.\.-g.N.~... .P.~~:t:1.... ~o.~.~~.S-:-...... of...... r? Pr.~. \....(~ .~J .. ~~.<;-.~. ~~~.~B..\.?!-;;...: ......

Hereby certify that the requirements of paragraph 2 of Schedule 14 of the Wildlife and Countryside Act 1981, have been complied with.

Names and addresses of owners and occupiers of land on whom Notice has been served

...H.K... "~~~'\.'/ ... (..~~.'j.f?~,g~....8 ~.~:~./.. !.3..~ .. ~.1:-!.'.~ N.~.g010

..M&:.... M.Q.f4"0.. ~)...... :. ~ .~ .... ~~.'..~ ~!~ ... .f?p~:::>......

...... /V\L"3. , .•..•.••.....•..••...•.•C~·~ •. J ••••••.....•...•••••••••...... ••••••••••••••.(sb <;'"1.-1\ LlU~ ~ , •••••...... •••..•••••••...... •...•

.. b.. ~ .... .v..~ .-) ... ~ ~.~"l~ w.~I.,-; .. .. F. PrRM f'" .A?; !-:1. ~.Y.. ...R-P.f7:.Q.:......

Signed...... DJQ~...... Dated ...... I.J../. .~./ 1..~ .. : ...... :: I. 915- t:~ t. 3"180 ': / I· {, ~:: ~;:.. \ ;;

1a \ ;) ',700 \ \ \ \ i \ ------\ \ 66 \, -~ .. ~O:;

\ \ 1 445100 3 445200 445300 445400

3 2 8 8 L

E 2

F 4 4

U 9

2 2 E Location Plan 7

Leicestershire County Council 1 R 9 1

D 1 8 1 O A 0 1 Und A O 7 8 R D G 13

L E 1 L O 1 R 5

A G 8

E 9 H G 8 Proposed E Addition of Public Footpath U74 (Part) D A RY F 9 E C F 5

R LO 3

3 9

297400 297400 3 1 5 0 1 7 W

off Shilton Road,7 Barwell F

6 6

4 4

3 3 1 3

5 2 1 6 3 6

F . 63 5

57 F

2 2 m 9

WAY 0

ENS

UE 7

Q 6 5 5

4 4

70 70 6

8 8 U74

8 8 5

2 2 2

2 2 1 1

1 1

2 7 7

5 2 2 2 7 .

1 1 m

2 2 3 297300 9 297300

15 0

12 D

R 1 9 9

W 1 O 7 AD

E 3 2

1 M

1 1

5 5 7 2 4 Y

A F

7 7 3 3 W

F a 1 t D 7 L 1 S IE C b F H u Y S 1 A E l S Key M E 2 T

E Footpath to be E 4 SID LE L 1 B

M D 4 A 1 1 W 2

1 added A 6

Y 9 9 2

6 6

R 3 1 1 1 H

5 1 1 20 1 2

297200 2 297200

1 3 5 5 .

3 7

5 5 1 m

5 r Unaffected public

1 e

9 lt

1 1 F e 7 7 2 1 1 F 2 h

2 S 2 2

3 3 footpaths

7 7 2

5 5 U74 4 0 3 F F

W F

1 3

2 3

3 1 7 7

2 4 6 U ta 3 ub S n

El S d 2 2

3 7 1

15 1 4 0 7 G 24 a 3 r 14 a g U e n ED Bdy LB d F F 165 1 CR a SHILTON ROAD A Shi 1 297100 lton 297100

130.5m Road

128.3m 2

1 4 5 2 2 35 2 E 1 D & L

131.4m E W I C a E r d

S 14 T 6 6 B E d

R y

5 8 8 1 R

CR WARD 123.4m

CLOSE CARRS HILL 5 5 (U74)

297000 1 297000 2 3 8 4 6 5 7 12 15 9 10 121.0m 4 1 11 16 17 18

The Cedars

Path (um) Pond U32

B The Cottage 296900 296900

114.3m ane s L on' ws Ppg Da U100 Sta

109.5m

296800 Allotment Gardens 296800

Environment & Transport Department, County Hall, Glenfield,

Spring L L Leicestershire LE3 8RJ I

Pond H

S email [email protected]

R R Matthew Lugg, Director A Pond C B.Eng.,C.Eng., MICE, MCIHT, DMS 105.9m

This map is reproduced from Ordnance Survey

296700 material with the permission of Ordnance Survey 296700 on behalf of the Controller of Her Majesty’s Stationary Office © Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or Plan No.M963 civil proceedings. Leicestershire County Council 100019271. Published 22 May 2013 Scale 1:2000

445100 445200 445300 445400