Rights of Way Modifications

At the Northumberland County Council Rights of Way Committee held on Friday 9th September the committee considered the following:

 1. ALLEGED RESTRICTED BYWAY NO 10 AND BYWAY OPEN TO ALL TRAFFIC NO 72 (PARISH OF PONTELAND).  (Explanation note: road from Mayfair house to Berwick Hill)

Following consideration of the evidence it was:

RESOLVED - that it be agreed that:

(i)  there is sufficient evidence to indicate that public vehicular rights have been reasonably alleged to exist over the route;
(ii)  the Natural Environment and Rural Communities Act 2006 would not appear to have extinguished the publics motorized vehicular rights between points marked C and D;
(iii)  that Natural Environment and Rural Communities Act 2006 would appear to have extinguished the publics motorized vehicular rights between the points marked D and E;
(iv)  the southern part of the route, between the points marked C and D, be included in a future Definitive Map Modification Order as a Byway Open to All Traffic and the northern part, between the points marked D and E, be included in a future Definitive Map Modification Order as a restricted byway.

and

2. ALLEGED RESTRICTED BYWAY OPEN TO ALL TRAFFIC NO 73 (PARISH OF PONTELAND). (Explanation note: Road/foopath from Eland Hall to Mayfair House)

After consideration of the evidence it was:

RESOLVED - that it be agreed that:

(i)  there is sufficient evidence to indicate that public vehicular rights have been reasonably alleged to exist over the route;

(ii)  the Natural Environment and Rural Communities Act 2006 would not appear to have extinguished the publics motorized vehicular rights between points marked C and B;

(iii)  the Natural Environment and Rural Communities Act 2006 would appear to have extinguished the publics motorized vehicular rights between the points marked B and A;

(iv)  the eastern part of the route, between the points marked C and B, be included in a future Definitive Map Modification Order as a Byway Open to All Traffic and the western part, between the points marked B and A, be included in a future Definitive Map Modification Order as a restricted byway.