From: kempshott@invalid.uk
On 01/08/2025 15:54, Roger Hayter wrote:
> On 1 Aug 2025 at 15:27:26 BST, "Jon Ribbens"
> wrote:
>
>> On 2025-08-01, Martin Brown <'''newspam'''@nonad.co.uk> wrote:
>>> On 31/07/2025 18:34, Roland Perry wrote:
>>>> In message , at 13:36:35 on Thu, 31
>>>> Jul 2025, Kempshott remarked:
>>>>> Does a Local Authority have a statutory duty to keep its online
>>>>> definitive map up to date?
>>>>>
>>>>> Ours still says "last update March 2021" and there have been many
>>>>> Modification Orders passed since then.
>>>>
>>>> I bet there's a lot of pre-2021 changes not on it either. I've had cause
>>>> to look at these maps in the past, and they are often woefully out of
date.
>>>
>>> It is pot luck what is and what is not included on the definitive maps.
>>>
>>> I suspect form the name that they are supposed to be maintained but if
>>> you know an area well it isn't hard to find recent changes that are
>>> missing. Updating them doesn't seem to be a high priority.
>>
>> There's either two possibilities, and I think the answer could be either
>> depending on which local authority it is.
>>
>> Either it isn't "the Definitive Map" at all, it's just an online map,
>> in which case I would expect there's no statutory duty to update it.
>> It might claim to reflect information from the Definitive Map, but
>> that doesn't make it definitive itself.
>>
>> Or, it is "the Definitive Map", in which case it is, er, definitive.
>> If it shows a right of way exists, then it does, and if it doesn't,
>> it doesn't. If they haven't updated it to show rights of way that
>> the council intended to create, then they haven't created them.
>
> I agree that this is the apparent legal situation. But it may be that a
third
> possibility exists: that the 'definitive map' actually exists in a state
which
> entails an old map and a set of approved amendments to it which together
> constitutes the 'definitive map'. It is not impossible that a court would
> accept this as the least worst interpretation.
>
>
The council website says "The publication of a new Definitive Map has
been a priority for the Council, and this was achieved when the first
digital version of the Map was published on the 12 March 2021".
That's followed by a link to maps.arcgis.com and the map is titled
"Definitive Map of Public Rights of Way" so it seems to be "the"
definitive map, just rather out-of-date.
--- SoupGate-Win32 v1.05
* Origin: you cannot sedate... all the things you hate (1:229/2)
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