Challenge made to DMMO Modifications - Juan Lopez acts on behalf of Network Rail Infrastructure Limited
Network Rail has lodged a significant objection to modifications advanced pursuant to an interim decision of a PRoW Inspector that proposes the confirmation of the Suffolk County Council (Parish of Newmarket) Modification Order 2018 (Weatherby).
The original parties to an earlier public inquiry into the confirmation of the Order had been invited to submit representations on the interim decision, at this second-stage of the statutory procedure provided for in the Wildlife and Countryside Act 1981 in respect of a definitive map modification order ("DMMO") application.
Network Rail's objection to modifications challenges the Inspector's evidential approach with regard to both the status (restricted byway) and width of the dedicated highway, as found.
The objection also challenges the basis upon which the Inspector has proceeded to find the dedication prior to the opening of the railway, principally on the basis of railway deposited plans, but absent (when adopting the Inspector's analysis) any reasoned appreciation of railway statutory powers for the initial creation and subsequent repair of, a nearby 'substitute road' carrying public rights.
It is expected that a hearing will be convened in the Summer into the proposed modifications.