Section 4 - Keeping the Definitive Map and Statement under review

Introduction

The Definitive Map and Statement (DM&S) is a legal document which shows and describes Public Rights of Way (PRoW). It is conclusive evidence of the existence of those PRoW at the relevant date without prejudice to the existence of higher public rights or public rights of way which are not shown. Under the Wildlife and Countryside Act 1981 s53, the surveying authority has a duty to keep the DM&S under continuous review by recording any legal changes made to the PRoW network. This duty is effectively modified by the Countryside and Rights of Way Act 2000 s53 although its provisions are not yet in force. The provisions set out a cut-off date for recording all footpaths and bridleways created before 1949.

HCC is the surveying authority for the administrative county of Hertfordshire. At intervals the surveying authority may prepare an updated DM&S incorporating all the legal changes made since the last DM&S was published. This process is known as Consolidation and Re-Publication (see section 4.4 for details).

Relevant legislation

Wildlife and Countryside Act 1981

Section 53. Duty to keep definitive map and statement under continuous review

Changing the PRoW network

The PRoW network can be changed by the following legal events:

Other types of legal events which occur less frequently are not included in the manual. Changes to the network which are made by orders and agreements, such as those above, do not automatically alter the Definitive Map and Statement at the current time. This may change under new provisions of the Countryside and Rights of Way Act 2000. A separate Legal Event Modification Order is required to do this (see section 4.1).

Changing the Definitive Map and Statement (DM&S)

i. By Evidential Modification Order.

Under s53 WCA81 where the DM&S can be shown to be incorrect changes can be made to alter the recorded position, status, width or any limitations of any PRoW; delete PRoW or add unrecorded PRoW. This will change under the Countryside and Rights of Way Act 2000 s53.

iii. By a Legal Event Modification Order (LEMO).

Under s53 WCA81 a LEMO needs to be made to change the DM&S following an order constituting a legal event (above). This may change under new provisions of the Countryside and Rights of Way Act 2000. See Legal Event Modification Orders (4.1) for details.

Statement of Priorities

In April 2001, new policies surrounding Hertfordshire’s Rights of Way work took effect. The result of these policies was to change the way in which we work. We now consider safety issues, current and projected levels of use, and the impact on the network of paths, as well as the likelihood of future development affecting a path. This means that applications which, if successful, would be beneficial to the public, should be dealt with more quickly. This is different to our previous policy, where cases were dealt with in the order in which they were received. The new policies also allowed us to process diversions and extinguishments (Public Path Orders) for the first time since 1991.

Below is our current 'Statement of Priorities' which sets out the County Council's priorities for dealing with both Modification Order cases and Public Path Order cases. This Statement will be updated as sections of the Countryside and Rights of Way Act 2000 (CROW Act) are brought into force, however, it is unlikely to change significantly unless the County Council's policies are changed.

Previously we have attached to our Statement of Priorities a list of our outstanding cases in the order in which they will be investigated. This list is now held separately from our Statement of Priorities in a 'Register of Applications'.

Register of Applications Since 31st December 2005, surveying authorities have been required to keep a record of all applications which have been made to modify the Definitive Map and Statement (A Register of Applications). Although not currently a requirement, Hertfordshire County Council has also included a record of all applications to divert or extinguish rights of way which are already shown on the Definitive Map and Statement.

Therefore; the Register of Applications contains a copy of: