Register of claimed rights of way
Pursuant to S.53 (5) wildlife and countryside act 1981
Swindon Borough Council, as the highway authority, has a duty to maintain and to make available for public inspection, a register of applications made under the Wildlife and Countryside Act 1981 to add, remove, upgrade, downgrade or realign a public right of way from the Definitive Map and Statement. Such changes to the Definitive Map and Statement can only be made by Definitive Map Modification Orders (DMMO's) in accordance with prescribed legal processes.
|Ref.||Parish(es)||Date of application||Applicant details||Modification applied for||
Order and date confirmed
|Way to be known as Footpath WA44||Wanborough||21.06.17||
Mr John & Mrs Ginny Warr
(i) Application made for upgrade to BOAT on the grounds that the RoW had been wrongly recorded as Footpath, as historical evidence showed that Kingsdown Lane had been a road.
Subsequent investigation of claim showed that it appeared on historical maps as a road, but that all the map evidence predated the internal combustion engine, and there was no proof that Kingsdown Lane had ever been a road intended for use by mechanically-propelled vehicles. The conclusion was that it had only ever been mapped as a cart road, and that it should be upgraded to a Restricted Byway.
(ii) Order not yet confirmed; subject to determination by Secretary of State following objections to making of order.