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Restricted Byway HE375, Elham Definitive Map Modification Order 2024
Kent County Council has received an application, and subsequently made an Order, to amend the legal record of Public Rights of Way, known as the Definitive Map and Statement, by adding a restricted byway numbered HE375, with a width of 4.0 metres, which (a) commences on Cullens Farm Road at NGR TR 1619 4335 (Point A on the order plan) and runs in a south-easterly, southernly and then south-easterly direction for 313 metres to NGR TR 1637 4310 (Point B) and (b) commences at NGR TR 1646 4306 (Point C) and runs in a southeasterly direction for 423 metres to its connection with Mill Hill at NGR TR 1678 4279 (Point D) and changing the status of the section of recorded Public Footpath HE100, which runs from the aforementioned Point B and runs in a south-easterly direction for 96 metres to the aforementioned Point C, to a restricted byway numbered HE375 with a width of 4.0 metres.
Under the Wildlife and Countryside Act 1981, the County Council may make a Definitive Map Modification Order (“DMMO”) to add a public right of way to the Definitive Map and Statement if it is shown that the right of the public to use it is at least reasonably alleged to subsist, and upgrade an existing route on the Definitive Map and Statement if the evidence demonstrates that a route ‘ought’ to be shown at a higher status.
Kent County Council has received an application, and subsequently made an Order, to amend the legal record of Public Rights of Way, known as the Definitive Map and Statement, by adding a restricted byway numbered HE375, with a width of 4.0 metres, which (a) commences on Cullens Farm Road at NGR TR 1619 4335 (Point A on the order plan) and runs in a south-easterly, southernly and then south-easterly direction for 313 metres to NGR TR 1637 4310 (Point B) and (b) commences at NGR TR 1646 4306 (Point C) and runs in a southeasterly direction for 423 metres to its connection with Mill Hill at NGR TR 1678 4279 (Point D) and changing the status of the section of recorded Public Footpath HE100, which runs from the aforementioned Point B and runs in a south-easterly direction for 96 metres to the aforementioned Point C, to a restricted byway numbered HE375 with a width of 4.0 metres.
Under the Wildlife and Countryside Act 1981, the County Council may make a Definitive Map Modification Order (“DMMO”) to add a public right of way to the Definitive Map and Statement if it is shown that the right of the public to use it is at least reasonably alleged to subsist, and upgrade an existing route on the Definitive Map and Statement if the evidence demonstrates that a route ‘ought’ to be shown at a higher status.
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