Archived decisions
Hampshire County Council Item 13
Regulatory Committee
17 October 2007
The making of Legal Event Orders for the updating of the Definitive Map and Statement of public rights of way in the Districts and Boroughs of Hampshire
Report of the Director of Recreation and Heritage
Contact: Colin Piper x6043
1. Summary:
1.1 Members are asked to approve the making of Legal Event Orders to enable the diversions, dedications, creations and extinguishments that have taken place to the rights of way in ten of the eleven Boroughs and Districts of Hampshire, since 1964, to be recorded on the definitive map and statement.
2. Recommendation:
2.1 That Members approve the making of Legal Event Orders for the Boroughs of Basingstoke & Deane, Eastleigh, Fareham, Havant, Rushmoor and Test Valley and the Districts of East Hampshire, Hart, New Forest and Winchester City to update the definitive map and statement of public rights of way.
3. Reasons for the Orders:
3.1 Diversion, extinguishment and creation orders and dedication agreements, which change the rights of way network, do not automatically amend the definitive map and statement. To enable the definitive map and statement to be updated, a Map Modification Order must be made under section 53(3)(a) Wildlife & Countryside Act 1981. Until fairly recently no such Orders had been made in Hampshire since the publication of the last definitive map in 1964. As a consequence, in most districts, over 40 years of changes have still to be recorded on the definitive map and statement which is the County's only legal record of rights of way.
4. Background:
4.1 Legal Event Orders for Eastleigh, Gosport, Havant and New Forest have already been made over the last nine years. A considerable amount of work has now been undertaken in preparation for similar Orders covering the remainder of the County. The proposed Orders for the remaining seven districts will incorporate digitally produced maps at 1:10,000 scale. The 1964 definitive statements will be annotated where the route of a path has been changed, but will otherwise remain as they are. To enable the definitive map and statement for all parts of Hampshire to be brought up to date at the same time it is proposed that "catch-up" Legal Event Orders are made for Eastleigh, Havant and New Forest. There have been no changes to the rights of way network in Gosport since the Legal Event Order was made in 2001, therefore no action is required for that Borough.
5. Consultations:
5.1 There is no requirement for consultation for the proposed Orders. However, the Ramblers' Association, relevant Borough or District Councils and Parishes have been, or by the time the Order is made will have been, advised of the proposed Orders and sent draft maps and statements for information and scrutiny.
6. New Definitive Maps:
6.1 Once the Legal Event Orders have been made the Council will be in a position to publish a new definitive map for the whole county. The Definitive Map will be printed from digital data and published at 1/10,000 scale on 382 sheets. (The current map is at 1/25,000 scale on 62 sheets.) Copies will be distributed to District and Parish Councils, major libraries and the Ordnance Survey. The public already has access to the digital version of the definitive map by using the Countryside Service website at www.hants.gov.uk/maps/paths In the future, Legal Event Orders will be made on a regular basis to avoid the large-scale task that has been undertaken over the last few years in collating all the changes in Hampshire.