Friday, November 27, 2009

COLLECTING EVIDENCE

Brigg Town Council is now looking to find evidence to support its contention that Market Lane has long been a public right of way, North Lincolnshire Council having granted planning permission for gates recently erected at one of its entrances (off the Market Place).
Carl Sherwood, one of the Brigg area's representatives on the unitary authority, told Brigg Town Council's monthly meeting that he had spoken to North Lincolnshire staff but it had been explained to him that there was "no right of appeal" against the planning decision.
Instead, he suggested getting "as much information together as possible" to present "a very good case" to the highways department on the right of way issue.
The Town Council has already studied Nick Lyons' local history group book on the Courtyards of Brigg (circa 1982), which includes a picture looking along Market Lane in the 1950s, plus other information about the lane, gleaned from long-standing Brigg folk.
Next step for town councillors could be to visit Lincolnshire Archives, in Lincoln, to look for further information in the files. A small budget of up to £100 has been set aside for research purposes, although it may not be needed.
A report prepared by planning staff for North Lincolnshire councillors said: "Market Lane is not shown as a public right of way on the Definitive Map and it has been confirmed that the land is not a highway. Therefore the principle of erecting a form of boundary treatment such as a gate on private land is considered to be acceptable. The gates do not open onto the highway so no issue has been raised by the council’s
highway department.
"At the previous committee meeting on 14 October a query was raised about whether Market Lane is an adopted highway. Subsequently the council’s highway department have confirmed that their records show that Market Lane is not an adopted highway on the Definitive Map.
"The applicant has stated that the gates are left open during weekdays to allow continued access between Market Place and Springs Way. However there is no planning requirement for these gates to remain open to the public at any time during the week and, as stated previously, Market Lane is not shown as a public right of way on the Definitive Map. Furthermore the public can still gain access to the Market Place from Springs Way via Cary Lane and Springs Parade. Therefore access to the Market Place is not restricted by the retention of these gates."

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