Boldon definitive map review

Overview

It is a legal requirement to produce and maintain a register of all known public rights of way.

This register is known as the 'definitive map and statement of public rights of way'.

It is a legal requirement for the Council to keep the definitive map and statement under review.

The aim of the process is to record all public rights of way in Boldon on the legal register.

The process will not create any new public rights of way, or take away any public rights. It recognises the rights that already exist.

Public rights of way are registered by making of a 'definitive map modification order'.

You can see a list of footpaths included in the map review.

What routes should be shown on the definitive map

All footpaths, except those by the side of a road, but including:

urban snickets
ginnels
passages and pathways
bridleways
restricted byways

What the benefit of a path being recorded on the definitive map is

Definitive maps provide evidence of the rights recorded upon them.

These records define paths and tracks the Council have responsibility for.

Without these records, it can be difficult for the Council to deal with issues such as:

obstructions
maintenance
anti-social behaviour
fly-tipping

Evidence, information and views that can be taken into consideration when registering a public right of way

Any evidence about the existence of public rights can be taken into consideration.

Evidence of use by the public, old maps and documents, evidence of past maintenance etc, can all be taken into account.

Some information is of greater evidential value than others.

Information and views that can't be taken into consideration

The below issues can't lawfully be taken into consideration as part of the decision process:

anti-social behaviour
fly-tipping
dog fouling
requests for alley-gates
desirability, suitability, privacy and public safety

If any of these problems happen on a path under investigation, its registration on the definitive map may mean the Council must take action to deal, or try to deal, with the issue.

What's been done so far

The first part of the process was a table-top, map-based exercise to identify every route in the area which had the physical characteristics of a path (i.e. it was shown on the map as a feature resembling a path, and ran between two roads or linked with other possible paths).

The next task was to produce a plan of each potential path, and get copies of any old maps of the area to see if it is shown on those as well.

This will help confirm how long the path may have physically existed.

Before carrying out a wider public consultation, we have written to the owners / occupiers of properties adjacent to the paths under investigation, to make them aware of the investigations and invite them to submit any comments.

There are more than 500 routes under investigation. We are asking for all comments to be made in writing and referenced to specific paths, to make sure any comments are properly represented.

Next steps

We will start further work to collect evidence to help in the decision making process (i.e. whether specific routes are, or are not public rights of way). This will include:

Posting notices (including maps) at either end of the proposed paths, inviting any member of the public to provide evidence
Identifying those paths that are already on the current list of streets maintainable at public expense (i.e. they are adopted and therefore already maintained by the Council)
Consultation with statutory consultees, local user groups, and utility companies
Carry out a physical survey and photograph each path to find out its existence and condition, as well as identify the existence of any gates, stiles or barriers that may exist

Once we have collected all the relevant information, the evidence relating to each route will be considered. Then, a decision will be made on whether or not it should be recorded on the definitive map.

Any routes which are believed to be public rights of way will be added to the definitive map using legal orders, known as 'definitive map modification orders'.

This legal process is open to the submission of objections.

If objections are received and not withdrawn, the case will be referred to the Secretary of State.

The Secretary of State will appoint an inspector from the Planning Inspectorate, to review the evidence and decide whether or not to confirm the definitive map modification order.

This may be achieved by a local public inquiry.

Tell us your views

Comments should be sent:

in writing to: Public Rights of Way Officer, South Tyneside Council, Town Hall and Civic Offices, Westoe Road, South Shields, Tyne and Wear, NE33 2RL
by email to: highways@southtyneside.gov.uk.

Please quote the reference number stated on the plan on all correspondence relating to this path.