Issue - meetings

Key Decision identified as Definitive Map Modification Order - Policy and Procedures in the Notice of Key Decisions published on 17 February 2021.

Councillor C Healy, Cabinet Member: Visitor Economy, Historic & Natural Environment and Climate Change presented the report of the Director: Prosperity & Investment.

The Council was undertaking a major transformation of how Public Rights of Way were managed by the Authority, this included the digitisation of the Definitive Map and its Statement, other records and data, the processing of orders, and the categorisation of the Public Rights of Way in the Borough.

The Definitive Map and Statement was the official record of footpaths, bridleways, restricted bridleways and bypasses open to all traffic. A Definitive Map Modification Order (DMMO) was a method by which the Definitive Map and Statement could be changed where it was believed there was an error or omission. A DMMO could not create access rights that did not already exist, remove rights that did exist or divert paths onto a preferred route, it was only concerned with modifying the definitive map to show the rights that legally existed; this included through the evidence of a claimed route for a historic right of way. The decision on whether or not to make such a correction was based purely on the evidence of what public rights exist and it was important to understand that the process was not concerned with issues of management of the ways, desirability of the routes or other such matters.

The Wildlife and Countryside Act 1981 required Local Authorities to keep a register of all applications for a Definitive Map Modification Order and this register must be made available to the public.

The report set out the proposal to adopt a new policy and procedure that would clearly identify how the Council would prioritise and determine outstanding and new applications to modify the Definitive Map. Consequently, the Council would be able to determine decisions more efficiently through a transparent and defined process.

RESOLVED that:

a)    The Definitive Map Modification Order be approved.

b)   Authority be delegated to the Director for Prosperity and Investment in consultation with the Cabinet Member for Visitor Economy, Historic & Natural Environment and Climate Change to periodically review and amend the policy as required.