Letter 21.10.04 to KPC from Go East

Letter to Parish Clerk Kessingland Parish Council from the Secretary of States Office [Go East] dated 21^st October 2004.

Dear Madam

1.         I am directed by the Secretary of State for Environment Food and Rural Affairs to refer to your appeal made under section 53 and schedule 14 to the Wildlife and Countryside Act 1981 against the decision of Suffolk County Council not to make an order modifying the definitive map and statement for the area to show Beaconsfield Road/Footpath15 as a Byway Open to all Traffic from its junction with Wash Lane to its junction with Green Lane Kessingland.

2.         An Inspector has assessed the written representations you and the County Council submitted. A copy of the Inspectors report to the Secretary of State is appended to this letter. The Inspector had referred to the slightly curving part of the claimed byway from its junction with wash lane to its junction with FP15 as points A to B and to the remaining part of the claimed byway from that point to its junction with Green Lane as points B to C as shown on the map appended to the Inspectors report. The Inspector recommended that your appeal be dismissed on respect of the appeal route as a whole but that in respect of the appeal route between B and C she recommended that the appeal be allowed.

3.         The Secretary of State has given careful consideration to all the arguments for and against the showing of the appeal route as Byway Open to all Traffic and to the Inspectors conclusion and recommendation. Summaries of your and the County Councils cases are set out in paragraphs 8 to 19 and 20 to 31 respectively of the Inspectors report

4.         The Secretary of State agrees with the Inspector and accepts her recommendation. Therefore for the reasons given by the Inspector she accordingly dismisses that part of your appeal referred to as being between points A and B and allows that part of your appeal referred to as being between points B and C. She has therefore in accordance with the provisions of paragraph 4 subsection 2 of Schedule 14 to the Wildlife and Countryside Act 1981 directed Suffolk County council to make an order under Section 53 subsection 2 and schedule 15 of the Act modifying the definitive map and statement for the area to show a Byway Open to all Traffic in respect of the section of the appeal route between points B and c as proposed in part in your application dated 14^th February 1994. This decision is given without prejudice to any decision that may be given by the Secretary of State in exercise of his powers under the said Schedule 15.

5.         A copy of this letter has been sent to Suffolk County Council

Yours faithfully

Carol Elliott

Planning Casework Team