Decision details
Decision Maker: Service Director Highways & Technical Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
That the application to upgrade section B-C
[Appendix 1] be REJECTED for the following reasons:
1) the application is inconsistent with the provisions of section
31(1A) (as amended by ss66 of the Natural Environment and Rural
Communities Act 2006 (“NERC”)) dedication by virtue of
use for mechanically propelled vehicles no longer possible,
therefore no user evidence case under section 31 Highways Act 1980
can succeed; and,
2) the remaining documentary evidence to support a claim under the
Wildlife and Countryside Act 1980 is insufficient.
Reasons for the decision:
To reject the application on the grounds that
the statutory tests have not been met and that on the balance of
probability, it is considered that the alleged Byway Open to All
Traffic rights do not subsist.
To review Background Papers please contact
thomas.goldsmith@buckinghamshire.gov.uk
Alternative options considered:
N/A
Wards Affected: The Wooburns, Bourne End & Hedsor;
Details of any conflict of interest declared: N/A
Contact: Claire Hudson, Definitive Map and Highway Searches Team Leader Email: claire.hudson@buckinghamshire.gov.uk.
Publication date: 29/11/2024
Date of decision: 15/11/2024
Accompanying Documents:
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