Reference: PMH/DC/T354/PINS1
The Order was made by Dorset Council on 24 January 2020 and advertised by Dorset Council on 6 February 2020. Three objections were outstanding.
The interim decision is that The Order is proposed for confirmation subject to the modifications set out below in the Formal Decision.
Copies of the documents relating to this order, as submitted to the Planning Inspectorate, are available below:
Statements of case
View the Applicant's statement of case
View the Objector's (1) statement of case
View the Objector's (2) statement of case
View the Objector's (3) statement of case
Notice of Order - Wildlife and Countryside Act 1981 – Section 53 Dorset Council (A Byway Open to All Traffic, Beaminster at Crabb’s Barn Lane) Definitive Map and Statement Modification Order 2020
Notice is hereby given that the above referenced Order has been submitted to the Secretary of State for Environment, Food and Rural Affairs for determination. An Inspector will be appointed by the Secretary of State to determine the Order.
The start date for the above Order is 20 September 2022.
Consideration of the Order will take the form of exchanges of statements of case and comments on statements of case.
The effect of the Order, if confirmed without modifications, will be to modify the definitive map and statement by adding a Byway Open to All Traffic and upgrading Bridleway 35 to a Byway Open to All Traffic in the parish of Beaminster as follows:
Byway Open to All Traffic, Beaminster (To be numbered Byway 97, Beaminster): From its junction with the C67 Road at Whitesheet Hill, opposite Bridleways 10 and 17at ST 49560299, east southeast along a stone/earth surfaced track (known as Crabb’s Barn Lane) hedged on both sides, to its junction with Footpath 28 at ST50060270 and continuing east south east along the track to its junction with Bridleway 84 and the current Bridleway 35 at ST 50150264. Width: 9.14 metres (30feet) (as indicated in the Beaminster Inclosure Award 1809).
Bridleway 35, Beaminster to be upgraded to Byway Open to All Traffic (To be renumbered as part of Byway 97, Beaminster): From its junction with Bridleway 84 at ST 50150264, south east along an earth surfaced track, hedged on the eastern side and fenced on the western side, to its junction with Bridleway 33 and the access road to Higher Langdon Farm at ST50480216. Width: 5 metres.
Byway Open to All Traffic, Beaminster (To be numbered as part of Byway 97, Beaminster):
From its junction with the current route of Bridleway 35 (to be upgraded) and Bridleway 33 at ST 50480216, south east along a tarmac surfaced road, hedged on the eastern side and fenced on the western side, to its junction with Bridleway 34 at ST 50520206 and continuing south south east (via ST 50560196), hedged on both sides to its junction with the D11205 Road at the Corscombe parish boundary at ST50680165. Width: 5 metres, except for 8 metres at ST 50560196.
Any queries relating to this Order should be referred to Helen Sparks at The Planning Inspectorate, Rights of Way Section, Room 3/A Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Telephone: 0303 444 5646. Email: helen.sparks@planninginspectorate.gov.uk Please quote reference number ROW/3278538 on all correspondence.
Any person wishing to view the statements of case and other documents relating to
this Order may do so by accessing the Link to Dorset Council’s website. If there are any queries, please contact Vanessa Penny, Definitive Map Team Manager. E-mail: vanessa.penny@dorsetcouncil.gov.uk Telephone Number: 01305 224719.
View the notice of order
Interim Order Decision
View the Interim Order Decision
Notice of Proposal to Modify Definitive Map Order - Wildlife & Countryside Act 1981
Notice is hereby given pursuant to paragraph 8(2) of Schedule 15 to the Wildlife and Countryside Act 1981 that the Inspector appointed by the Secretary of State for Environment, Food and Rural Affairs to determine the Dorset Council (A Byway Open to All Traffic, Beaminster at Crabb’s Barn Lane) Definitive Map and Statement Modification Order 2020 proposes to modify the Order by providing for the following modifications:
• Delete the text after “From its junction with the C67 Road at Whitesheet Hill, opposite Bridleways 10 and 17 at point C (ST 49560299), east south east along a stone/earth surfaced track (known as Crabb’s Barn Lane) hedged on both sides, to its junction with Footpath 28 at point D (ST 50060270) and continuing east south east along the track to its junction with Bridleway 84 and the current Bridleway 35 at point E (ST 50150264). Width: 9.14 metres (30 feet) (as indicated in the Beaminster Inclosure Award 1809).” in Part I of the Order Schedule.
• Delete the text after “Add:” in Part II of the Order Schedule and insert: “From: ST 49560299 To: ST 50150264
From its junction with the C67 Road at Whitesheet Hill, opposite Bridleways 10 and 17, east south east along a stone/earth surfaced track (known as Crabb’s Barn Lane) hedged on both sides, to its junction with Footpath 28 at ST 50060270 and continuing east south east to its junction with Bridleway 84 at ST 50150264.”
• On the Order plan delete the section of the proposed byway open to all traffic between points E-F-G-H-I.
• In the key to the Order plan delete the letters F, G, H and I beneath the text “Proposed Byway Open to All Traffic”
A copy of the Order as submitted and a copy of the Order showing the proposed modifications together with the Inspector's Order decision dated 27 July 2023 have been deposited at County Hall reception - Dorset Council, County Hall, Colliton Park, Dorchester, DT1 1XJ and may be inspected free of charge during normal working hours.
Any representation or objection with respect to the proposed modifications may be sent to Helen Sparks by email: helen.sparks@planninginspectorate.gov.uk quoting reference number ROW/3278538 on all correspondence between 21 September 2023 and 19 October 2023 and should state the grounds on which it is made. Alternatively, this may be sent in writing to Rights of Way Section, Room 3/A, Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. It should be noted that any such representation or objection may be made available for viewing by interested parties at the council offices on request.
Dated: 21 September 2023
View a copy of the proposed modified order
Documents Received in Response to Proposed Modified Order
Objection to Interim Decision (19.10.23)
Registrar's Letter - 5 Nov 2019
ROW_3278538 Representation re Inspectors Proposed Modification Submitted on 26 September 2023 by Bill Dupont (notified party)
Supreme Court Order 2015
T354 DC response to order
Index of Appendices to Statement of Case as Supplemented by Objection
Appendix 16
Appendix 17
Appendix 18
Appendix 19
Appendix 20
Appendix 21A
Appendix 21B
Appendix 22
Appendix 23
Appendix 24
Appendix 25
Appendix 26
Appendix 27
Appendix 28
Appendix 29
Appendix 30
Appendix 31
Appendix 32
Appendix 33
NOTICE OF ORDER
Wildlife and Countryside Act 1981-Section 53
DORSET COUNCIL
Dorset Council (A Byway Open to All Traffic, Beaminster at Crabb’s Barn Lane) Definitive Map and Statement Modification Order 2020
Notice is hereby given that the above referenced Order has been submitted to the Secretary of State for Environment, Food and Rural Affairs for determination. Following an earlier exchange of written representations, the Inspector appointed to determine the Order issued a letter in which he proposed to make modifications to the Order as drafted. Following advertisement of those proposals objections/representations have been received.
The start date for the above Order is 12 March 2024.
Consideration of the Order will take the form of exchanges of statements of case and comments on statements of case which contain evidence in respect of the modified part of the Order and evidence relating to the application to upgrade Bridleway 17 Beaminster to a Byway Open to All Traffic. In that respect, please provide any additional evidence and submissions as to the claim to upgrade Bridleway 17 Beaminster to Byway Open to All Traffic status.
The effect of the Order, if confirmed without modifications will be to modify the definitive map and statement by adding a Byway Open to All Traffic and upgrading Bridleway 35 to a Byway Open to All Traffic in the parish of Beaminster as follows:
Byway Open to All Traffic, Beaminster:
(To be numbered Byway 97, Beaminster)
From its junction with the C67 Road at Whitesheet Hill, opposite Bridleways 10 and 17 at ST 49560299, east south east along a stone/earth surfaced track (known as Crabb’s Barn Lane) hedged on both sides, to its junction with Footpath 28 at ST 50060270 and continuing east south east along the track to its junction with Bridleway 84 and the current Bridleway 35 at ST 50150264. Width: 9.14 metres (30 feet) (as indicated in the Beaminster Inclosure Award 1809).
Bridleway 35, Beaminster to be upgraded to Byway Open to All Traffic:
(To be renumbered as part of Byway 97, Beaminster)
From its junction with Bridleway 84 at ST 50150264, south east along an earth surfaced track, hedged on the eastern side and fenced on the western side, to its junction with Bridleway 33 and the access road to Higher Langdon Farm at ST 50480216. Width: 5 metres.
Byway Open to All Traffic, Beaminster:
(To be numbered as part of Byway 97, Beaminster)
From its junction with the current route of Bridleway 35 (to be upgraded) and Bridleway 33 at ST 50480216, south east along a tarmac surfaced road, hedged on the eastern side and fenced on the western side, to its junction with Bridleway 34 at ST 50520206 and continuing south south east (via ST 50560196), hedged on both sides to its junction with the D11205 Road at the Corscombe parish boundary at ST 50680165. Width: 5 metres, except for 8 metres at ST 50560196.
The effect of the proposed modifications would be to modify the Order by providing for the following modifications:
• Delete the text after “From its junction with the C67 Road at Whitesheet Hill, opposite Bridleways 10 and 17 at point C (ST 49560299), east south east along a stone/earth surfaced track (known as Crabb’s Barn Lane) hedged on both sides, to its junction with Footpath 28 at point D (ST 50060270) and continuing east south east along the track to its junction with Bridleway 84 and the current Bridleway 35 at point E (ST 50150264). Width: 9.14 metres (30 feet) (as indicated in the Beaminster Inclosure Award 1809).” in Part I of the Order Schedule.
• Delete the text after “Add:” in Part II of the Order Schedule and insert:
“From: ST 49560299 To: ST 50150264
From its junction with the C67 Road at Whitesheet Hill, opposite Bridleways 10 and 17, east south east along a stone/earth surfaced track (known as Crabb’s Barn Lane) hedged on both sides, to its junction with Footpath 28 at ST 50060270 and continuing east south east to its junction with Bridleway 84 at ST 50150264.”
• On the Order plan delete the section of the proposed byway open to all traffic between points E-F-G-H-I.
• In the key to the Order plan delete the letters F, G, H and I beneath the text “Proposed Byway Open to All Traffic”
Any queries relating to this Order should be referred to Helen Sparks by email: helen.sparks@planninginspectorate.gov.uk quoting reference number ROW/3278538M1 on all correspondence. Alternatively, queries may be sent in writing to The Planning Inspectorate, Rights of Way Section, Room 3/A Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN. Telephone: 0303 444 5646.
Any person wishing to view the statements of case and other documents relating to this Order may do so via the website address https://www.dorsetcouncil.gov.uk/countryside-coast-parks/rightsof-way/definitive-map-and-statement/orders-with-the-secretary-ofstate-for-determination The Council contact is Ms Vanessa Penny, Definitive Map Team Manager, Definitive Map Team, Economic Growth and Infrastructure, Dorset Council. Telephone: 01305 224719. If there are any queries, please E-mail if possible: Vanessa.penny@dorsetcouncil.gov.uk.
Timetable for sending in statements of case and comments
Within 8 weeks of the start date [by 7 May 2024]
The Order Making Authority, the applicant and everyone who has made an objection or representation following the proposed modifications or any other written representation or any other person wishing to make representations in writing must ensure their statement of case is received by the Secretary of State. As soon as possible after receiving it the Secretary of State will send a full copy to the Authority. Copies (excluding copies of any supporting documents - these will be available to view at the Authority’s offices) will also be sent to everyone who has made an objection or representation following the proposed modifications, the applicant and any other person who has previously written to us in respect of the Order.
Within 14 weeks of the start date [by 18 June 2024]
Everyone who has made an objection or representation following the proposed modifications, the Authority, the applicant (if applicable) and anyone who has written to us in respect of the Order must ensure their comments on any or every other statement of case is received by the Secretary of State. As soon as possible after the above date, the Secretary of State will send copies of the comments received to everyone else.
In fairness to the other parties everyone should keep to the timetable to ensure that statements of case and comments are received on time.
All parties must keep to the timetable set out above and ensure that statements of case are received by the Secretary of State on time. Late documents will be returned.
We cannot accept any inflammatory, discriminatory or abusive comments. Any documents containing such comments will be returned.
PINS LETTER
View PINS letter 07 March 2024