REPORT TO THE DEVELOPMENT CONTROL AND REGULATORY BOARD – 13TH NOVEMBER 2003 PROPOSED DEFINITIVE MAP MODIFICATION ORDER UPGRADING OF PUBLIC FOOTPATH C9 TO A BRIDLEWAY (C10) AND ADDITION OF PUBLIC FOOTPATH C104 AT SCOTLAND, BURTON OVERY REPORT OF THE CHIEF EXECUTIVE PART A PURPOSE 1. The purpose of this report is to seek the Board’s approval of the above- mentioned proposal. Recommendation 2. It is recommended that an Order be made under the provisions of Section 53 of the Wildlife and Countryside Act 1981, the effect of which will be to upgrade footpath C9 to a bridleway and also add footpath C104 at Scotland, Burton Overy to the Definitive Map of Public Rights of Way for Leicestershire, as shown on the plan attached to this report. Reason for Recommendation 3. That the statutory criteria in Section 53 of the Wildlife and Countryside Act 1981, have been met by historic evidence which supports the proposed modifications to the Definitive Map of Public Rights of Way. Circulation under Sensitive Issues Procedure 4. Dr. R.K.A. Feltham, County Councillor. Officer to Contact 5. Mr. Gary Jackson, Chief Executive’s Department, Tel 0116 2656159. PART B Background 6. During survey work carried out by an officer of this Council, it was observed that an inconsistency may exist between the use of the routes on the ground and the routes recorded on the Definitive Map. 7. Following investigation of the routes in question by the Director of Community Services, the matter is now being processed under the provisions of Section 53 of the Wildlife and Countryside Act 1981. Comments of the Director of Community Services 8. The Director has provided the following historical evidence:- a. Enclosure Award of 1766 The County Archivist has stated that the bridleway concerned is described as a "horseway" coming "out of the northeastward end of that part of the said town which is called Scotland". If Scotland is taken to be the modern day Scotland Lane, then this would suggest that the bridleway does indeed extend over the trackway concerned to the street. The Archivist has also stated that the Enclosure Award is too large and delicate to photocopy. b. Ordnance Survey Map First Edition of 1886 (Historical Evidence Document No. 1) This map shows the route concerned and is coloured brown, as are the rest of the streets and roads in Burton Overy. This would suggest that the routes concerned formed part of the highway within the village. c. King's Map of 1806 (Historical Evidence Document No. 2) This map is not of a scale or accuracy to show the small area of land affected by the modification, but it does show that a bridle road existed at this time which connected through to the village street. Copies of the Historical Evidence Documents are available for inspection in the Member's Rooms and Member's Library. Consultations 9. The following parties have been consulted and have made no objection: Harborough District Council Harborough Highways Partnership The Rambler's Association Leicestershire Footpath Association Leicestershire and Rutland Bridleways Association NTL Energis Communications Limited The National Grid Company plc Severn Trent Water Limited East Midlands Electricity Transco plc Environment Agency Fisher German Chartered Surveyors (acting for Esso Petroleum Co Ltd and Mainline Pipelines Limited) 10. The following parties have also been consulted but no reply has been received: The owner/occupier, Sunnyside, Scotland Lane, Burton Overy (adjacent landowner) The owner/occupier, Scotland House, Scotland Lane, Burton Overy (adjacent landowner) Mr. G.W. Newbury, Lionel House, 35 Millstone Lane, Leicester (adjacent landowner) Mr. J.R. Williamson, Glebe House, Frisby by Gaulby, Billesdon (adjacent landowner) Mr. N.C.G. Lloyd, Downsview, Weald Close, Staplefield Way, Cuckfield, Sussex (adjacent landowner) Mrs. C.A. Walford, 50 Chelsham Road, London SW4 6NP (adjacent landowner) Cyclists' Touring Club Endurance GB The Leicestershire and Rutland Land Rover Club The British Horse Society Powergen Property Department Byways and Bridleways Trust Loughborough and District CHA Rambling Club The Royal Mail British Telecom plc Objections 11. The following objections have been received:- Burton Overy Parish Council (Objection Document No. 3) Mr. J. Hepplewhite, The Old Rectory, Rectory End, Burton Overy (adjacent landowner) (Objection Document No. 4) Mr. C.R. Olsson and Ms. J. Rollin, Broad Meadows, Scotland Lane, Burton Overy (adjacent landowner) (Objection Document No. 5) Copies of the objection documents are available for inspection in the Members' Rooms and Members' Library. Conclusions 12. It would appear that the right of way shown as Section A-B on the plan attached to this report, was incorrectly claimed by the Parish Council as a footpath and as a consequence has been incorrectly shown on the Definitive Map. I am therefore of the opinion that the route between points A and B on the plan, should be added to the Definitive Map as a public bridleway. Regarding the route between points A, D and C on the plan attached to this report, it would seem reasonable to conclude from the Ordnance Survey Map of 1886, that the land between these points is of the same highway status as the land between points A and B on the plan. Given the fact that this route links to a footpath, I would recommend that the route between points A, D and C be added to the Definitive Map as a public footpath. Equal Opportunities Implications 13. None. Background Papers 14. Correspondence on file PTEPO/656. gj296jh .