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West Berkshire Council

Section 53 & Schedule 14 Wildlife and Countryside Act 1981

Statement of priorities for bringing and keeping the Definitive Map and Statement (DMS) up to date

DRAFT JULY 2008

Background

Section 53(2) Wildlife and Countryside Act 1981(WCA 81) provides that the surveying authority (West Berkshire Council) shall, as soon as reasonably practicable, modify the Definitive Map and Statement by Order (Definitive Map Modification Order), to reflect any legal events altering the public rights of way network, or where evidence is discovered that shows that the DMS requires modification.

Under section 53(5) WCA 81, any person may apply to the authority to modify the DMS, to request that an alleged right of way be legally recognised. The provisions of Schedule 14 shall have effect as to the making and determination of these applications (“claims”).

If the authority has not determined whether or not to make an order to modify the DMS, within twelve months of receiving the certificate stating that the applicant has notified affected landowners and occupiers, then the applicant may make representations to the Secretary of State for the Department of the Environment, Food and Rural Affairs (DEFRA), who may, after consultation (which will include considering this statement of priorities), set a deadline within which the authority must make a determination.

It is acknowledged that owing to the number of applications and available resources, in many cases it will be unlikely that such determinations will be made within twelve months of the date of receipt. The purpose of these guidelines is to clarify, for all those concerned, the order in which claims will be processed.

The District Council also has a duty to ensure the accuracy of the DMS and must correct drafting errors. Some of these may be corrected simply but others will need to be advertised via Orders made under section 53(3) WCA 81.

Prioritization criteria

Applications made under section 53(5) of WCA 81 that meet the requirements of Schedule 14 of WCA 81 will generally be dealt with in chronological order according to date of receipt.

The Council may use its discretion to deal with applications out of chronological order; for example if:

  1. The route is threatened by development.

  2. There is a particular public benefit (e.g. it may notably improve the public rights of way network or the implementation of any access or transport plan policy, strategy or initiative promoted or supported by the authority).

  3. There is a risk that access to important evidence may be compromised (e.g. if a key witness is of advanced age or is likely to move away from the area).

  4. Combining the necessary investigative work with that being carried out for an application higher up the priority list is likely to save officer time, for example two applications may affect land in a single parish or ownership and necessitate researching the same documents.

  5. Evidence submitted is clearly insufficient, resulting in a quick dismissal of the application.

The investigation of applications to amend the Definitive Map is only one aspect of the work of the Public Rights of Way Section. The priority given to the investigation of applications made under section 53(5) WCA 81 as opposed to other aspects of rights of way work is subject to change according to other public rights of way management issues that may arise.

Evidential Definitive Map Modification Order investigations where no application has been received under s53(5)/Schedule 14 Wildlife & Countryside Act 1981

A log of claims with no formal application will be kept, along with a log of cases which the authority believes require investigation. Note that the District Council has a duty to investigate cases where evidence has been brought to its attention. These will be investigated as soon as is reasonably practicable, but will be dealt with in deference to applications duly made under Schedule 14 WCA 81, to reflect the fact that representations may be made to the Secretary of State if the authority has not determined these within twelve months of receipt. Investigations may be prioritized without a valid application at the authority's discretion (for example if a route is physically threatened by development or if it is considered that a determination would be of public benefit).

Legal Event Modification Orders

These administrative orders transfer legal changes to the public rights of way network to the DMS and will generally be produced by the Council in batches. The introduction of section 53A of the WCA 81 in February 2008 is expected significantly to reduce the number of new Legal Event Modification Orders that will be required.

 

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