Haverigg builders look at options after bridleway defeat
Last updated at 15:08, Monday, 19 December 2011
A DEVELOPER is considering lodging an appeal after it lost a four year public rights of way battle.
Retired lollipop man Frank Roberts proposed a public bridleway and two footpaths be added to Cumbria County Council’s definitive map at Poolside, Haverigg – the site of an 81 home plan.
Graiseley Properties objected to the proposals and a public inquiry was launched to determine if the alleged rights of way had been uninterrupted for 20 years.
Independent inspector Sue Arnott conducted the inquiry.
She has ruled the footpaths fell short of the criteria but made a definitive map modification order for the bridleway to be adopted as a restricted byway.
The ruling has left the future of a proposed 81 home development uncertain as the byway crosses the planned site.
Bruce Armstrong-Payne, planning consultant for Graiseley Properties, said: “It’s bound to effect the development.
“We will have to take the findings into account.
“We will consider appealing for the route to be diverted but what decision my clients will take I can’t say at this stage.”
Mr Roberts said he regarded the decision as a victory for Haverigg residents.
He said: “It was scary but in my job I stood in the middle of the road and all I had to protect myself from vehicles was a stick.
“We are pleased with the decision obviously. We went up against professionals and we’re pleased with the result.”
In her report Mrs Arnott said: “(Planning) applications in 1997 and 2003 did not deny the existence of the claimed paths, they simply did not acknowledge them.
“While I accept this would be consistent with a lack of intention to dedicate the paths on behalf of the applicant owners, it falls a long way short of the evidence required to form a clear, unambiguous rebuttal of any presumption of dedication.”
A spokeswoman for Cumbria County Council, which is responsible for enforcing the order, said the developer would either have to alter plans to accommodate the route or apply for the route to be diverted.
First published at 13:06, Sunday, 18 December 2011
Published by http://www.nwemail.co.uk
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An excellent result Well done Frank and all the others who worked hard on this issue
A fantastic result but it's not over yet. Great work Frank