Byway Open to all Traffic through Dean Grove

Wed 5 Jul 2023, 11:30

Many thanks Andrew. Below the text of the prefatory letter. As you can see one must look for a notice in a local newspaper for how to object. Me thinks they are trying to make this difficult...

Modifications

1. The Secretary of State or Inspector may decide that an order should be

confirmed with modifications. The modifications may be quite small, like

correcting a spelling error or adding a grid reference or they may be

major. The Inspector will explain the exact modifications in the order

decision.

2. Some modifications must be advertised so that people are given the

opportunity to object or submit representation to them. The following

types of modification need to be advertised:

• moving the line of a path;

• increasing the width of a path;

• adding a width to a path (definitive map modification orders and

some public path orders);

• showing a new path on the order;

• deleting all or part of a path shown in the order (definitive map

modification orders only); or

• changing the type of path shown in the order (definitive map

modification orders only).

Decisions, which propose modifications needing advertisement, are known as ‘interim’ or ‘proposed’ decisions.

3. Where a modification needs to be advertised, we will arrange for a notice

to be published in a newspaper circulating in the local area, outlining how and when objections or representations can be made. A copy of the notice will be copied to the authority, the objectors (including anyone who has made a statutory representation), the applicant and any other people who have asked for a copy of the decision.

4. For your objection/representation to be ‘duly made’ it has to be made

within the time and manner specified in the notice and be with respect to

the proposal. Your objection/representation would not be ‘duly made’ if

made before or after the notice period and you would not have the right

to be heard.

No objections/representations to proposed modifications

5. If no objections/representations are received to the proposed

modifications, the Secretary of State or Inspector will make a final

decision, in which he or she will confirm the order with the modifications

they previously proposed. The final order decision will be sent to all the

people who received a copy of the interim decision.

Objections/Representations to proposed modifications

6. Objections/representations to the modifications will be considered by the

Secretary of State or an Inspector (usually the same Inspector who2

proposed them). Dependant on the number and content of objections/representations received, there may need to be an inquiry to consider the evidence they contain.

7. If there are only a few objections/representations and/or the issues they

raise could be dealt with by written representations, we will write to the

authority and relevant parties to ask if they would be happy for a final

decision to be made on this basis instead of an inquiry. We will hold an

inquiry if anyone asks to be heard by an Inspector.

8. If an inquiry is held into the proposed modifications, the Inspector will not

be able to consider any representations into the unmodified part of the

order. If anybody asks to give evidence relating to the unmodified part,

the Inspector will ask them to submit it in writing to the Planning

Inspectorate (within a specified period) and continue to hear the evidence

relevant to the modifications. If the submitted representation raises

questions likely to effect the Secretary of State or Inspector’s decision, it

may be necessary to re-open the original inquiry (if one was held).

However, if all the parties agree, the new evidence could be dealt with on

the basis of written representations (this is the most likely action if the

interim decision was made following an exchange of written

representations).

9. Having considered the objections/representations, the Secretary of State

or Inspector may decide that they do not raise any questions likely to

affect their decision. If this is the case no further action on the

objections/representations will be taken and the Secretary of State or

Inspector will proceed to write a final decision.

What happens if objections/representations are received to the unmodified part of the order?

10.If the only objections/representations received within the objection/representation period relate to those parts of the order the Secretary of State or Inspector does not propose to modify, it may be necessary to re-open the original inquiry or offer the written representations procedure if more appropriate.

11.If the original inquiry is re-opened, the Inspector would not be able to hear evidence relating to his or her proposed modification(s). If anybody asks to give evidence on the modified part, they will be asked to submit it in writing to the Planning Inspectorate within a given period. Again, if the submitted representation raises questions likely to effect the Secretary of State or Inspector’s decision, it may be necessary to hold an inquiry so that it can be discussed. However, if all the parties agree, the evidence could be dealt with on the basis of written representations.

Objections/Representations received to the proposed modifications and the unmodified part of the order

12.Where both types of objection/representation are received within the objection/representation period, it may be necessary to hold a ‘joint’ inquiry. A joint inquiry effectively re-opens the original inquiry whilst allowing the Inspector to hear evidence against the proposed modification(s).3

Hearings

13. A hearing may be held instead of an inquiry with the agreement of the

authority and the relevant parties.