Agenda item

This report seeks to assist the Executive Member in determining whether or not to make a number of Definitive Map Modification Orders to record public rights of way on the Definitive Map for the former County Borough of York within the Clifton, Heworth, Holgate and Hull Road Wards.

RESOLVED:            That the Executive Member agrees to:

i)          Authorise the Head of Civic, Democratic and Legal Services to make and advertise the required Definitive Map Modification Orders to add all those paths to the Definitive Map, where it is recommended, based on the evidence available, to make an Order (see bottom of page of each Schedule (Annexes 1-4) for recommended action).

ii)        If no objections are received, or any objections received are subsequently withdrawn, the Orders referred to in i) above be confirmed; or

iii)      If objections are received, and not withdrawn, the Orders, or relevant parts thereof, be referred to the Secretary of State for determination.

REASON:                  As surveying authority for the area, the City of York Council has a statutory duty (Wildlife and Countryside Act 1981, section 55(3)), to produce a Definitive Map and Statement for the former County Borough of York; and in doing so is obliged to make Definitive Map Modification Orders to register the existence of all public rights of way in that area.

Consideration was given to a report which sought to assist the Executive Member in determining whether or not to make a number of Definitive Map Modification Orders to record public rights of way on the Definitive Map for the former County Borough of York within the Wards of Holgate, Clifton, Heworth and Hull Road.

The Executive Member pointed out that there had been very few comments and objections submitted in relation to these proposals. He then considered the following options:

Option 1: Make the necessary DMMOs to add those paths to the Definitive Map that are recommended in the Schedules.  This option is recommended; or

Option 2:  Do not make the DMMOs to add the paths to the Definitive Map.

RESOLVED:    That the Executive Member agrees to:

i)          Authorise the Head of Civic, Democratic and Legal Services to make and advertise the required Definitive Map Modification Orders to add all those paths to the Definitive Map, where it is recommended, based on the evidence available, to make an Order (see bottom of page of each Schedule (Annexes 1-4) for recommended action).

ii)        If no objections are received, or any objections received are subsequently withdrawn, the Orders referred to in i) above be confirmed; or

iii)      If objections are received, and not withdrawn, the Orders, or relevant parts thereof, be referred to the Secretary of State for determination. ^1.

REASON:                  As surveying authority for the area, the City of York Council has a statutory duty (Wildlife and Countryside Act 1981, section 55(3)), to produce a Definitive Map and Statement for the former County Borough of York; and in doing so is obliged to make Definitive Map Modification Orders to register the existence of all public rights of way in that area.