Wildlife & Countryside Act 1981
Preparation of a Definitive Map for South Shields
Why do we need to produce a Definitive Map and Statement for South Shields?
Under Part IV of the National Parks and Access to the Countryside Act 1949, Parliament required that a register of all known public rights of way be produced and maintained. This register is known as the Definitive Map and Statement of Public Rights of Way.
Definitive Maps had to be produced for all areas of England and Wales except County Boroughs (such as South Shields), the London Boroughs and some other large built up areas.
The Wildlife & Countryside Act 1981 removed the exemptions for all areas except the Inner London Boroughs, and since that time Surveying Authorities have been obliged to produce Definitive Maps for their previously excluded areas. The council therefore has no choice in whether or not it should undertake this work. It is required by law to do it.
What routes should be shown on the Definitive Map?
All footpaths, except those by the side of a carriageway (road), but including urban snickets, ginnels, passages and pathways, bridleways and restricted byways must be shown on the Definitive Map.
What is the benefit of a path being recorded on the Definitive Map?
Definitive Maps provide conclusive evidence, in law, of the existence of the rights recorded upon them. These records also define paths and tracks the council have responsibility for. Without such records it can be difficult for the council to deal with issues such as obstructions, maintenance, anti-social behaviour and fly tipping etc.
What is meant by producing a Definitive Map?
The aim of the process is to record all public rights of way in South Shields on the legal register. The process will not create any new public rights of way, nor will it extinguish any public rights - it simply identifies and recognises the rights that already exist.
Public rights of way are registered by the making of a legal order known as a Definitive Map Modification Order.
What evidence, information and views can be taken into consideration when registering a public right of way?
Any evidence relating to the existence, or otherwise, of public rights can be taken into consideration. Evidence of use by the public, old maps and documents, evidence of past maintenance etc can all be taken into account, although it should be noted that some information is of greater evidential value than others.
What information and views cannot be taken into consideration?
As previously mentioned, the aim of the process is to do nothing more than register those public rights of way that already exist. Therefore issues such as anti-social behaviour, fly-tipping, dog fouling, requests for alley-gates, desirability, suitability, privacy and even public safety, which all genuine concerns, cannot lawfully be taken into consideration as part of the decision making process.
If there are problems of this nature occurring on a path under investigation, its registration on the Definitive Map may mean that the council is either required to take action to deal with the issue, or at least gives it powers to try and deal with the problems.
Producing a Definitive Map for the previously excluded area of South Shields
The process
What has been done so far?
The first part of the process was a table-top map-based exercise to identify every route in the area which, from the mapping, had the physical characteristics of a path (i.e. it was shown on the map as a feature resembling a path, and ran between two roads or linked with other possible paths).
The next task was to produce a plan of each potential path, and also obtain copies of any old maps of the area to see if it is shown on those as well. This will help ascertain how long the path may have physically existed.
Before undertaking wider public consultation we have written to the owners/occupiers of properties adjacent to the paths under investigation so that they are aware of the investigations in advance of consultation notices being posted on site etc, and invited them to submit any comments.
With over 250 routes under investigation we are asking for all comments to be made in writing and referenced to specific paths so as to ensure that the comments made and views expressed are properly represented.
What will happen next?
Over the coming months we will undertake further work to collect evidence to assist in the decision making process (i.e. whether specific routes are, or are not public rights of way). This will include:
- Posting of notices (including maps) at either end of the proposed paths inviting any member of the public to provide evidence
- Identifying those paths that are already on the current List of Streets Maintainable at Public Expense (i.e. they are adopted and therefore already maintained by the authority).
- Consultation with statutory consultees, local user groups, and utility companies
- Undertaking a physical survey and photographing each path in order to ascertain its existence and condition, as well as identify the existence of any gates, stiles or barriers etc that may exist
- Undertake further consultation by some form of public display / meeting / road-show in order to provide further evidence and invite comments.
Once we have collected all the relevant information the evidence relating to each route will be considered and a decision made whether or not it should be recorded on the Definitive Map.
All those routes which are believed to be public rights of way will be added to the Definitive Map using legal orders known as Definitive Map Modification Orders.
This legal process is open to the submission of objections, and if such objections are received and not subsequently withdrawn the case will be referred to the Secretary of State who will in turn appoint an Inspector from the Planning Inspectorate to review the evidence and decide whether or not to confirm the Definitive Map Modification Order. This may be achieved by way of a local public inquiry.
Contact Details
Comments should be sent to:
Public Rights of Way Officer
South Tyneside Council
Town Hall and Civic Offices
Westoe Road
South Shields
Tyne and Wear
NE33 2RL
Email: countryside@southtyneside.gov.uk.
Please quote the reference number stated on the plan on all correspondence relating to this path.
