HAMPSHIRE RAMBLERS' FPAWE BEST PRACTICE GUIDELINE NUMBER 8 - CHANGING THE DEFINITIVE MAP

BACKGROUND

Best Practice Guidelines

  1. The Hampshire Ramblers' FPAWE Committee has produced a series of Best Practice Guidelines that it encourages Groups to adopt. Whilst Groups are generally free to adapt the Guidelines in order to meet local circumstances and restrictions, this Guideline explains a legal process. If Groups want to adjust the way of working recommended could they please inform the FPAWE. If any Group has suggestions to improve the Guidelines they should send them to the FPAWE Secretariat.

Changing the Definitive Map - Background

  1. Hampshire’s Definitive Map of public rights of way is a record of the location and status of public rights of way in the county. It is maintained by Hampshire County Council’s Countryside Access Team and a copy can be inspected at their offices in Winchester. The Map is conclusive evidence of the existence of the rights of way shown on it. The Definitive Map is also available on line (see Para 21).
  2. Anyone can apply to change the Definitive Map if they think it is inaccurate or incomplete. The Ramblers normally seek to either add paths or divert them. This BPG concentrates on adding unofficial paths due to regular use. See BPG 6 for in formation about adding lost paths, i.e. paths that were rights of way but have fallen off the definitive map, and BPG 7 for changes to paths on the Definitive Map through Path Orders.
  3. The Rights of Way Act 1932 ruled that where a way had been used uninterrupted for at least 20 years it was deemed to have been dedicated to the highway1. However, where the landowner had made it clear during the 20 year period that he had allowed the way to be used, e.g. by signing it as a permissive path, such a claim for dedication would not succeed. Equally where the landowner made it clear that the land was private, again the claim for dedication would not succeed. Claims for dedication can be initiated by interested parties, especially when the landowner wants to block off such a path or put up private signs, after the 20 year unhindered period has been achieved.

Claiming a New Path - Main Stages in the Formal Process

  1. The overview of the process at HCC website should be read: http://documents.hants.gov.uk/rightsofway/maintainingthemap.pdf.
  2. Identification on the on-line maps. These should be download and the map marked where the path goes that needs to be recognised as a right of way.
  3. The Map Review Assistant, HCC, provides the appropriate paperwork. This includes: a Notice of Application (Yellow Form); a Notice to Landowners/Occupiers (Peach Form); the Certification of Service Pink Form; and a User Evidence Form (see Annexes A - D for examples). HCC can give advice on the completion and submission of the forms. 1 See the Blue Book page 42 et seq 1
  4. Completed forms are submitted to HCC. Applicants and witnesses must be prepared to attend any meeting that is called to review the paperwork.
  5. If HCC agree with the case an Order will be published and considered in the normal way (see BPG 7). If HCC reject the case, an appeal to the Secretary of State is possible.

HAMPSHIRE RAMBLERS' ACTIONS

  1. The Ramblers Group must decide that they wish to put in a claim for a path in their area. Designate a co-ordinator to lead on the necessary actions.
  2. The process for making a claim is well documented by HCC and need not be repeated in full here. It can be found on to their website: https://www.hants.gov.uk/landplanningandenvironment/rightsofway/definitivemap/modificationo rders
  3. The co-ordinator should complete the coloured forms (see Para 7). They should seek out witnesses to the unimpeded use of the path over the 20 year period. They should collect the User Evidence Form from witnesses that prove this 20 year unimpeded use. Note that the witnesses must fill in the User Evidence Form and be prepared themselves to support what they are claiming. However, the individual User Evidence Forms should be assembled by the co- ordinator and submitted as one pack. By doing this they can judge the strength of their case. Witnesses do not have to be members of the Ramblers. Indeed many other organisations such as the British Orienteering Organisation have proved in the past to be useful contributors. Remember if you gain the support of an outside body the type of right of way should reflect that bodies interest, e.g. if you use the British Horse Society your claim should be for a bridleway.
  4. If the case is rejected by HCC, Groups will need to consider whether they have grounds to appeal. If the case is approved by HCC then Groups should monitor progress via BPG 7.

OTHER PARTICIPANTS AND THEIR ROLES

Ramblers' Central Office

  1. Ramblers Central Office set the Objectives towards which all our efforts should be directed. See http://www.ramblers.org.uk/about-us/what-we-do/charitable-objectives.aspx Hampshire County Council
  2. They are the recipients of any claim for new paths. They decide whether the case is approved as directed by the legislation. They are also a good contact if there are any questions or problems.

Parish Councils

  1. They should have a keen interest in any proposals and may have good local contacts who may provide evidence of usage.

REFERENCES AND CONTACTS

  1. HCC Definitive Map Officer: Harry Goodchild Harry.Goodchild@hants.gov.uk 2
  2. Map Review Assistant: Liz Giles Liz.Giles@ hants.gov.uk. Postal Address for correspondence: Map Review Assistant. Countryside Service. Culture, Communities and Business Services Department. Hampshire County Council. Room 0.01 Castle Avenue. Winchester. SO23 8UL
  3. British Orienteering Organisation: Craig Anthony, email: CAnthony@britishorienteering.org.uk.
  4. British Horse Society: Gail Johnson, email: gail.johnson@outlook.com
  5. On-line Definitive Map: http://www.hants.gov.uk/rh/row/maps/definitive-maps.pdf .
  6. Ramblers Central Office Guidelines on claiming paths: http://www.ramblers.org.uk/advice/improve-the-path-network/how-to-claim-an-unrecorded-right-of- way.aspx CONCLUSION
  7. Claiming unofficial paths that have been used for a number of years as a right of way both protects their future use and helps us meet the Ramblers' objectives of protecting and improving the RoW network. Groups should always be prepared to identify and claim such paths. David Clark FPAWE Secretariat Approved by FPAWE XXXXXX 3 ANNEX A TO BPG No 8 EXAMPLE OF THE PINK FORM 4 5 ANNEX B TO BPG No 8 EXAMPLE OF THE YELLOW FORM 6 7 ANNEX C TO BPG No 8 EXAMPLE OF THE PEACH FORM 8 ANNEX D TO BPG No 8 EXAMPLE OF USER EVIDENCE FORM 9 10 11 12