Issue - meetings

Report ES15010

The Sub Committee received a report which requested authority to enable the Council to make Definitive Map Modification Orders (DMMOs) under the provisions of the Wildlife and Countryside Act 1981, to make amendments to the Definitive Map and Statement of Public Rights of Way (DMS) to bring it up to date, and subsequently prepare a modified copy of the Map and Statement.

The Council last prepared a modified copy of the DMS in 1998. Since that time some 16 legal event orders had been made and confirmed by the Council.  The Council was required to keep available for public inspection a copy of the 1998 DMS together with a copy of each of the legal event orders. This was a cumbersome record resulting in the need to consult both sets of information in order to ascertain the up to date position. Preparing an updated DMS was therefore of benefit to both the Council and the public.

In order to enable the Council to amend the DMS to reflect the legal event orders, Definitive Map Modification Orders (DMMOs) had to be made in respect of each order. Recent legislation had enabled the making of combined Diversion and Modification orders.  The latter approach had been used for the two most recent legal event orders and there were still nine needing DMMOs.

To comply with the duty to keep an up to date DMS and to be in a position to publish an accurate up to date DMS the making of the DMMOs referred to above was necessary.  It was noted that in addition, the Council had been carrying out an exercise to digitise the DMS with the aim of publishing the information on its website. 

Due to the duty imposed by the Wildlife and Countryside Act to keep the DMS under continuous review the Council, as the Surveying Authority, had to bear the costs associated with the making and advertising of the necessary Orders, estimated at £2.5k. This would be funded from the Highways budget.

The Sub-Committee agreed to the recommendation in the report, however Members considered that in future, rather than necessitating committee authority, delegated authority should be given to officers. The Sub-Committee requested that this suggestion be referred to Council to be considered as an amendment to the Scheme of Delegation to Officers.

RESOLVED that

(i) the Director of Corporate Services, in consultation with the Executive Director of Environment and Community Services, be authorised to take the necessary steps to make Definitive Map Modification Orders (DMMOs) under section 53(2) (a) of the Wildlife and Countryside Act 1981 to enable the Definitive Map and Statement to be brought up to date and subsequently prepare a new consolidated Map and Statement under the provisions of section 57(3) of the same Act, and

(ii) Council be requested to consider amending the Scheme of Delegation to Officers to enable them to make Definitive Map Modification Orders and amendments to the Definitive Map and Statement of Public Rights of Way.