To receive an update officers on the publication of Definitive Map for the Excluded Area, together with Legal Event Modification Orders
(Verbal report)
Minutes:
Forum Members received an update on the publication of the Definitive Map for the Excluded Area, together with Legal Event Modification Orders.
Addressing the report Claire Tregembo, Senior Definitive Map Officer, Parks and Countryside Division said that the Definitive Map and Statement was the legal record of public rights of way. The West Yorkshire Metropolitan County Council Definitive Map and Statement was originally drawn up in the 1950s and 1960s and the relevant revision date is the 1st of April 1985. At this time County Boroughs and urban areas did not have to be included in the Definitive Map and Statement. Part of the former Leeds County Borough was mapped in the 1970s and 80s but the rest of the area, shown on map A, (circulated at meeting) was not mapped. The Wildlife and Countryside Act 1981 placed a statutory duty on surveying Authorities to map any areas previously excluded from the Definitive Map.
There are thought to be at least 550 paths within the Excluded Area that could be included on the Definitive Map and Statement, although it’s possible that others may exist that the Council are currently unaware of. Each of these paths will require investigation to see if there is sufficient evidence to show that it is a right of way an evidential Modification Order will need to be made to record the path on the Definitive Map and Statement.
Where paths had been legally diverted, created or dedicated they could be added to the Definitive Map and Statement using a Legal Event Modification Order. On the 1st of July 2010 Leeds City Council published the Leeds City Definitive Map and Statement for the excluded area and added 53 paths (or parts of paths) to the map where legal events had occurred. The map is now conclusive evidence that the routes recorded in it exist as public rights of way.
The remaining paths will be investigated in due course and recorded on the Leeds City Definitive Map and Statement. Investigation will include council records, archival research, site visits and where required gathering user evidence. This will most likely be done on a ward by ward basis although where sections of paths are currently included on the map the remainder of the paths may be added first as the legal event can be used as evidence. Consultation will occur with local residents, Ward Councillors and user groups.
A review was also ongoing within the West Yorkshire Metropolitan County Council Definitive Maps and Statements area and the digitisation of this map is being checked to ensure accuracy. Once this is complete the two Definitive Map and Statement for the Leeds City Council area will be consolidated into one Definitive Map and Statement for Leeds City Council. The consolidation will enable the Council to have one Definitive Map and Statement not two and will show the West Yorkshire Metropolitan County Council Definitive Map and Statement on an up to date base map rather than the existing, out of date 1980s base.
The Chair thanked Officers for the update commenting that it was good to see progress was been made
RESOLVED – That the progress on the Publication of Definitive Map for the Excluded area, together with Legal Event Modification Orders be noted and welcomed