Decision Maker: Corporate Director Place
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
A Definitive Map Modification Order application under Section 53(5) of the Wildlife and Countryside Act 1981, has been made to the Council and evidence has been produced claiming that a route along Brooks Drive, Hale commencing at Hale Road (A538) and continuing in a north-easterly direction to Thorley Lane (near its junction with Roaring Gate Lane) has been used by the public as a bridleway as of right, uninterrupted, unhindered for a period of twenty years or more.
1. That a Definitive Map Modification Order be made and advertised under section 53(2)(b) of the Wildlife and Countryside Act 1981, to modify the Definitive Map and Statement to add a restricted byway running along Brooks Drive from Hale Road (A538) in a north-easterly direction to Thorley Lane, as shown on the map annexed to the report.
2. That if objections received are maintained or modifications to the Order are required, it be determined on behalf of the Council whether to submit the Order to the Secretary of State for confirmation.
3. That, if the Order is submitted to the Secretary of State for confirmation, it be determined on behalf of the Council whether to recommend to the Secretary of State that the objections should be dealt with by written representation procedure or at a public local inquiry.
To determine.an application made to Trafford Council to add a public bridleway to the Definitive Map and Statement under s53(2) Wildlife and Countryside Act.
An option not to authorise the Director of Legal and Governance and Monitoring Officer to make and advertise a Modification Order under section 53(2)(b) of the Wildlife and Countryside Act 1981, to modify the Definitive Map and Statement was considered but this option is not recommended as it is considered that it would not be in accordance with the interpretation of the relevant guidance and legislation following analysis of the available evidence.
None.
Publication date: 30/06/2023
Date of decision: 07/06/2023